[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66752-66754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27758]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 003-2011]


Privacy Act of 1974; System of Records

AGENCY: Office of Professional Responsibility, United States Department 
of Justice.

ACTION: Modification of a system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the 
United States Department of Justice (``Department'' or ``DOJ''), Office 
of Professional Responsibility (``OPR''), proposes to amend the system 
of records entitled ``Office of Professional Responsibility Record 
Index,'' JUSTICE/OPR-001, last published in the Federal Register on 
December 10, 1998 (63 FR 68299). The JUSTICE-OPR-001 system is 
maintained to provide for the resolution of allegations of misconduct 
made against DOJ employees and to advise complainants of the status of 
investigations and the results. Pursuant to 28 CFR 0.39a(9), the OPR 
Counsel also reviews proposals submitted by DOJ employees, in the 
course of their official duties, to refer to the appropriate licensing 
authorities apparent professional misconduct by attorneys outside DOJ, 
and makes such referrals where warranted. OPR is revising the 
categories of individuals covered by this system to include non-DOJ 
attorneys who are the subjects of allegations of professional 
misconduct which have been referred to OPR and about whom information 
is maintained in order to fulfill OPR's obligations under 28 CFR 
0.39a(9), as well as witnesses and other individuals referenced in OPR 
matters. (The corresponding records have been referenced throughout the 
system notice where applicable.) In addition, OPR is also modifying the 
system by adding new routine uses and by revising several existing 
routine uses to reflect the current model language used by the 
Department.

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 November 28, 2011.

ADDRESSES: The public, the Office of Management and Budget (OMB), and 
Congress are invited to submit any comments to the Department of 
Justice, ATTN: Privacy Analyst, Office of Privacy and Civil Liberties, 
Department of Justice, National Place Building, 1331 Pennsylvania 
Avenue, NW., Suite 1000, Washington, DC 20530-001, or by facsimile at 
(202) 307-0693.

FOR FURTHER INFORMATION CONTACT: Robin C. Ashton, Counsel, Office of 
Professional Responsibility, Department of Justice, 950 Pennsylvania 
Avenue, NW., Room 3525, Washington, DC 20530.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on the new system of records.

    Dated: October 6, 2011.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, Department of Justice.
JUSTICE/OPR-001

SYSTEM NAME:
    Office of Professional Responsibility Record Index

SECURITY CLASSIFICATION:
    Unclassified Information and Classified Information.

SYSTEM LOCATION:
    United States Department of Justice, 950 Pennsylvania Ave., NW., 
Washington, DC 20530-0001

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) DOJ employees who are the subjects of complaints directed to, 
or inquiries or investigations conducted by, OPR; (2) individuals 
(complainants) who write to OPR; (3) individuals (complainants) who 
write to the Attorney General and other officials of the Department and 
whose correspondence is referred to OPR; (4) employees of agencies of 
the federal government, other than DOJ, about whom information 
indicating possible criminal or administrative misconduct has been 
developed during the course of routine investigation by components of 
DOJ, when such information is furnished to OPR for referral--if 
warranted--to an appropriate investigative component of DOJ, or another 
government agency; (5) non-DOJ attorneys who are the subjects of 
allegations of professional misconduct which have been referred to OPR 
by DOJ employees during the course of their official duties; (6) 
witnesses; and (7) other individuals referenced in cases or matters of 
concern to OPR.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records consists of complaints filed against DOJ 
employees, the results of investigations into those complaints, and 
actions taken after completion of the investigations. This system also 
includes all records developed pursuant to special assignments given to 
OPR by the Attorney General or the Deputy Attorney General as well as 
records containing information indicating possible misconduct by 
employees of the federal government other than DOJ, which have been 
furnished to OPR for referral, if warranted, to the appropriate 
investigative authority. This system also includes records concerning 
non-DOJ attorneys who are the subjects of allegations of professional 
misconduct which have been referred to OPR by DOJ-employees during the 
course of their official duties.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3101 et seq., 28 CFR 0.39 et seq., and Attorney General 
Order No. 833-79.

PURPOSES:
    Information in this system is maintained to provide for the 
resolution of allegations of professional misconduct made against DOJ 
employees and to advise complainants of the status of investigations 
and the results. Information in this system is also maintained for 
purposes of making a determination concerning the possible referral of 
certain allegations of professional misconduct made against non-DOJ 
attorneys to the appropriate licensing authorities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information may be disclosed from this system as follows:
    (1) 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

[[Page 66753]]

prosecuting such violation or charged with enforcing or implementing 
such law.
    (2) To any person or entity that OPR has reason to believe 
possesses information regarding a matter within the jurisdiction of 
OPR, to the extent deemed to be necessary by OPR, in order to elicit 
such information or cooperation from the recipient for use in the 
performance of an authorized activity.
    (3) 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; or 
in an appropriate proceeding before an administrative or adjudicative 
body when the adjudicator determines the records to be relevant to the 
proceeding.
    (4) 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 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.
    (5) A record may be disclosed 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 relevant 
and necessary to the recipient agency's decision.
    (6) 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.
    (7) 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.
    (8) To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (9) To complainants to the extent necessary to provide such persons 
with information and explanations concerning the progress and/or 
results of the investigation or case arising from the matters of which 
they complained.
    (10) To professional organizations or associations with which 
individuals covered by this system of records may be affiliated, such 
as state bar disciplinary authorities, to meet their responsibilities 
in connection with the administration and maintenance of standards of 
conduct and discipline.
    (11) 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.
    (12) To a former employee of the Department of Justice 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.
    (13) To a member of the judicial branch of federal government in 
response to a written request where disclosure is relevant to the 
authorized function of the recipient judicial office or court system.
    (14) To the subject of an investigation or inquiry conducted by OPR 
to further the investigation or inquiry, or to give notice of the 
status or outcome of the investigation or inquiry.
    (15) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (16) 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.
    (17) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.
    (18) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEMS:
STORAGE:
    Information is stored manually in file jackets and electronically 
in office automation equipment.

RETRIEVABILITY:
    Information is retrieved by individual names and by unique file 
numbers assigned to each case. In most instances, information is 
retrieved by the name of the employee or non-DOJ attorney who is the 
subject of the complaint, and in some instances by the name of the 
complainant. Information may also be retrieved by the name of other 
individuals referenced in the case or matter.

SAFEGUARDS:
    The information is stored in safes, locked filing cabinets, and 
office automation equipment in a limited access area and is maintained 
according to applicable departmental security regulations.

RETENTION AND DISPOSAL:
    Records in the system are retained and disposed of in accordance 
with NARA Job NCI-60-77-6.

SYSTEM MANAGER(S) AND ADDRESS:
    Counsel, Office of Professional Responsibility, Department of 
Justice, 950 Pennsylvania Avenue, NW., Room 3525, Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Address any inquiries to the System Manager listed above.

RECORD ACCESS PROCEDURE:
    The major part of this system is exempted from this requirement 
under 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), and/or (k)(5). To the extent 
that information in this system of records is not subject to exemption, 
it is subject to access and

[[Page 66754]]

contest. A determination as to exemption shall be made at the time a 
request for access is received. A request for access to records 
contained in this system shall be made in writing, with the envelope 
and the letter clearly marked ``Privacy Access Request.'' The request 
shall include the full name of the individual involved, his or her 
current address, date and place of birth, notarized signature, together 
with any other identifying information which may be of assistance in 
locating the record. The requester will also provide a return address 
for transmitting the information. Access requests will be directed to 
the System Manager listed above.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the System Manager listed 
above, stating clearly and concisely what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information sought.

RECORD SOURCE CATEGORIES:
    Department officers and employees, and other federal, state, local 
and foreign law enforcement and non-law enforcement agencies, private 
persons, witnesses, and informants.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4)(G) and (H), (e)(5) and 
(8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j)(2), 
(k)(1), (k)(2), and (k)(5). This exemption applies only to the extent 
that information in the system is subject to exemption pursuant to 5 
U.S.C. 552a (j)(2), (k)(1), (k)(2), or (k)(5). 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. 2011-27758 Filed 10-26-11; 8:45 am]
BILLING CODE 4410-28-P