[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26580-26583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10740]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[CPCLO Order No. 010-2012]


Privacy Act of 1974; System of Records

AGENCY: United States Department of Justice.

ACTION: Modified System of Records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the 
United States Department of Justice (``Department'' or ``DOJ'') 
proposes to modify the system of records entitled ``Freedom of 
Information Act, Privacy Act, and Mandatory Declassification Review 
Records (DOJ-004),'' last published at 77 FR 16066 (Mar. 19, 2012). DOJ 
is modifying this notice by removing all references to ``Ombudsman,'' a 
term used internally within the Office of Information Policy (OIP) for 
decades, and instead more clearly describing OIP's role as responding 
to inquiries regarding federal agency compliance with the Freedom of 
Information Act (FOIA); by revising routine use (f) in order to clarify 
that records may be provided to the National Archives and Records 
Administration, Office of Government Information Services (OGIS), for 
all purposes set forth in 5 U.S.C. 552(h)(2)(A-B) and (3); and by

[[Page 26581]]

revising one item in the Record Source Categories section to clearly 
indicate that agencies as well as individuals may be the source of 
compliance inquiries. The entire notice is being republished for ease 
of reference.

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 June 4, 2012.

ADDRESSES: The public, 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 20530-0001, or by facsimile to 
(202) 307-0693.

FOR FURTHER INFORMATION CONTACT: Carmen L. Mallon, Chief of Staff, 
Office of Information Policy, Department of Justice, Suite 11050, 1425 
New York Avenue NW., Washington, DC 20530.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the modifications to this system of 
records.

    Dated: April 30, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/DOJ-004

SYSTEM NAME:
    Freedom of Information Act, Privacy Act, and Mandatory 
Declassification Review Records.

SECURITY CLASSIFICATION:
    Unclassified and classified information.

SYSTEM LOCATION:
    United States Department of Justice, 950 Pennsylvania Ave. NW., 
Washington, DC 20530-0001, and other Department of Justice offices 
throughout the country.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system encompasses all individuals who submit Freedom of 
Information Act (FOIA), Privacy Act, and Mandatory Declassification 
Review Requests and administrative appeals to the Department of 
Justice; individuals whose requests and/or records have been referred 
to the Department of Justice by other agencies; individuals who submit 
inquiries to the Department of Justice Office of Information Policy 
(OIP) regarding federal agency compliance with the FOIA; and, in some 
instances, attorneys representing individuals submitting such requests 
and appeals, individuals who are the subjects of such requests and 
appeals, and/or the Department of Justice personnel assigned to handle 
such requests and appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system consists of records created or compiled in response to 
FOIA, Privacy Act, and Mandatory Declassification Review requests and 
administrative appeals, including: The original requests and 
administrative appeals; responses to such requests and administrative 
appeals; all related memoranda, correspondence, notes, and other 
related or supporting documentation; and, in some instances, copies of 
requested records and records under administrative appeal. This system 
also consists of records related to inquiries submitted to OIP 
regarding federal agency compliance with the FOIA, and all records 
related to the resolution of such inquiries.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system was established and is maintained pursuant to 5 U.S.C. 
301 and 44 U.S.C. 3101 to implement the provisions of 5 U.S.C. 552 and 
5 U.S.C. 552a, and the applicable executive order(s) governing 
classified national security information.

PURPOSE(S):
    This system is maintained for the purpose of processing access 
requests and administrative appeals under the FOIA, access and 
amendment requests and administrative appeals under the Privacy Act, 
and requests and administrative appeals for mandatory declassification 
review under the applicable executive order(s) governing classified 
national security information; for the purpose of participating in 
litigation regarding agency action on such requests and appeals; for 
the purpose of responding to inquiries submitted to OIP regarding 
federal agency compliance with the FOIA; and for the purpose of 
assisting the Department of Justice in carrying out any other 
responsibilities under the FOIA, the Privacy Act, and applicable 
executive orders.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (a) To a federal, state, local, or foreign agency or entity for the 
purpose of consulting with that agency or entity to enable the 
Department of Justice to make a determination as to the propriety of 
access to or correction of information, or for the purpose of verifying 
the identity of an individual or the accuracy of information submitted 
by an individual who has requested access to or amendment of 
information.
    (b) To a federal agency or entity that furnished the record or 
information for the purpose of permitting that agency or entity to make 
a decision as to access to or correction of the record or information, 
or to a federal agency or entity for purposes of providing guidance or 
advice regarding the handling of particular requests.
    (c) To a submitter or subject of a record or information in order 
to obtain assistance to the Department in making a determination as to 
access or amendment.
    (d) To the National Archives and Records Administration, 
Information Security Oversight Office, Interagency Security 
Classification Appeals Panel, for the purpose of adjudicating an appeal 
from a Department of Justice denial of a request for mandatory 
declassification review of records, made under the applicable executive 
order(s) governing classification.
    (e) To appropriate agencies, for the purpose of resolving an 
inquiry regarding federal agency compliance with the Freedom of 
Information Act.
    (f) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act, and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    (g) 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.
    (h) 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.
    (i) 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.
    (j) Where a record, either alone or in conjunction with other 
information,

[[Page 26582]]

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.
    (k) 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.
    (l) 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.
    (m) 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.
    (n) 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.
    (o) 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.
    (p) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has 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.
    (q) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored on paper and/or in electronic 
form. Records that contain national security information and are 
classified are stored in accordance with applicable executive orders, 
statutes, and agency implementing regulations.

RETRIEVABILITY:
    Records are retrieved by the name of the requester or appellant; 
the number assigned to the request or appeal; and in some instances the 
name of the attorney representing the requester or appellant, the name 
of an individual who is the subject of such a request or appeal, and/or 
the name or other identifier of Department of Justice personnel 
assigned to handle such requests or appeals.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules, and policies, including the Department's 
automated systems security and access policies. Classified information 
is appropriately stored in safes and in accordance with other 
applicable requirements. In general, records and technical equipment 
are maintained in buildings with restricted access. The required use of 
password protection identification features and other system protection 
methods also restrict access. Access is limited to those officers and 
employees of the agency who have an official need for access in order 
to perform their duties.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with the 
National Archives and Records Administration's General Records Schedule 
14.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief of Staff, Office of Information Policy, United States 
Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 
20530-0001.

NOTIFICATION PROCEDURE:
    Same as Record Access Procedures.

RECORD ACCESS PROCEDURES:
    Records concerning initial requests under the FOIA, the Privacy 
Act, and the applicable executive order(s) governing classified 
national security information are maintained by the individual 
Department of Justice component to which the initial request was 
addressed or directed. Inquiries regarding these records should be 
addressed to the particular Department of Justice component maintaining 
the records.
    Records concerning administrative appeals for access requests under 
the FOIA; records concerning administrative appeals for access requests 
and accountings of disclosure requests under the Privacy Act; records 
concerning administrative appeals for access requests under the 
applicable executive order(s) governing classified national security 
information, with the exception of those made to the United States 
Parole Commission; and records concerning inquiries submitted to OIP 
regarding federal agency compliance with the FOIA, are maintained by 
OIP. Inquiries regarding these records should be addressed to the 
Office of Information Policy, United States Department of Justice, 950 
Pennsylvania Avenue NW., Washington, DC 20530-0001. Inquiries regarding 
administrative appeals made to the United States Parole Commission 
should be addressed to the United States Parole Commission, United 
States Department of Justice, 950 Pennsylvania Avenue NW., Washington, 
DC 20530-0001.
    Records concerning administrative appeals for amendment requests 
under the Privacy Act should be addressed to the Office of Privacy and 
Civil Liberties, United States Department of Justice, 1331 Pennsylvania 
Ave. NW., Suite 1000, National Place Building, Washington, DC 20350-
0001.
    All 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 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

[[Page 26583]]

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.
    Although no specific form is required, you may obtain forms for 
this purpose from the FOIA/Privacy Act Mail Referral Unit, Justice 
Management Division, United States Department of Justice, 950 
Pennsylvania Avenue NW., Washington, DC 20530-0001, or on the 
Department of Justice Web site at www.usdoj.gov/04foia/att_d.htm.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the appropriate office 
indicated in the ``Record Access Procedures'' section, 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 seek amendment of those records that are not exempt. A 
determination of whether a record is exempt from amendment will be made 
after a request is received.

RECORD SOURCE CATEGORIES:
    Those individuals who submit initial requests and administrative 
appeals pursuant to the FOIA, the Privacy Act, or the applicable 
executive order(s) governing classified national security information; 
the agency records searched in the process of responding to such 
requests and appeals; Department of Justice personnel assigned to 
handle such requests and appeals; other agencies or entities that have 
referred to the Department of Justice requests concerning Department of 
Justice records, or that have consulted with the Department of Justice 
regarding the handling of particular requests; agencies or individuals 
who have submitted an inquiry to OIP regarding federal agency 
compliance with the FOIA and agencies that are the subjects of such 
inquiries; and submitters or subjects of records or information that 
have provided assistance to the Department of Justice in making access 
or amendment determinations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and 
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). 
These exemptions apply only to the extent that information in the 
system is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). 
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. 2012-10740 Filed 5-3-12; 8:45 am]
BILLING CODE 4410-FB-P