[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15227-15230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05456]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 002-2020]


Privacy Act of 1974; Systems of Records

AGENCY: United States Department of Justice.

ACTION: Notice of a Modified System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
U.S. Department of Justice (DOJ or Department), proposes to modify a 
system of records titled, ``Justice Federal Docket Management System 
(Justice FDMS),'' JUSTICE/DOJ-013. The DOJ proposes to modify Justice 
FDMS to incorporate the changes resulting from the transfer by the 
Environmental Protection Agency (EPA) to the General Services 
Administration (GSA) of the Regulations.gov internet portal and 
accompanying centralized docket system. Changes to the system include 
adding an additional routine use pertaining to GSA's access to agency 
records in its role as manager of the e-Rulemaking Program platform, 
supplementing and clarifying the administrative, technical and physical 
safeguards applied to the platform, and noting the changes to the 
location of the system itself.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records modification will go into effect upon publication, subject to a 
30-day period in which to comment on the proposed changes to the 
routine uses, described in more detail below. Please submit any 
comments by April 16, 2020.

ADDRESSES: The public, the OMB, and Congress are invited to submit any 
comments by mail to the United States Department of Justice, Office of 
Privacy and Civil Liberties, ATTN: Privacy Analyst, 145 N St. NE, Suite 
8W.300, Washington, DC 20530; by facsimile at 202-307-0693; or by email 
at [email protected]. To ensure proper handling, please 
reference the above CPCLO Order No. on your correspondence.

FOR FURTHER INFORMATION CONTACT: Andria Robinson-Smith, 202-514-0208, 
U.S. Department of Justice, Office of Privacy and Civil Liberties, 145 
N St. NE, Suite 8W.300, Washington, DC 20530.

SUPPLEMENTARY INFORMATION: Effective September 30, 2019, the EPA 
transferred to the GSA control of the Regulations.gov internet portal 
and accompanying centralized docket system. The GSA has now assumed 
operational control of the Regulations.gov internet portal and 
centralized docket system, operating it for federal agencies e-
rulemaking processes. As these records are governed by the Justice FDMS 
SORN, the DOJ proposes to modify its existing SORN to reflect the 
resulting from the transfer of certain DOJ records to the GSA's portal 
and centralized docket system.
    To the extent the DOJ routinely retrieves comments using the 
personally identifying information of the commenters, the Justice FDMS 
is covered under the Privacy Act of 1974, as amended, 5 U.S.C. 552a 
(2018) (``Privacy Act''). Accordingly, individuals accessing the GSA's 
on-line platform to submit a comment or supporting materials in 
connection with a DOJ rulemaking routinely provide their names and 
contact information on the GSA electronic platform; and the DOJ 
routinely reviews these comments. Accordingly, the Department is 
publishing this modified SORN to satisfy the applicable requirements of 
the Privacy Act, to the extent they apply.
    This modification includes the following changes: (1) DOJ has 
reformatted this SORN to conform to current OMB guidelines; (2) DOJ has 
made administrative edits and renumbered the existing routine uses in 
the Justice FDMS SORN; (3) DOJ has updated the existing routine uses 
for this system to reflect current DOJ model routine uses; (4) DOJ 
added an additional routine use authorizing disclosure of the records 
in this system of records to the GSA when needed for purposes of the 
GSA's management of the GSA's Federal Rulemaking Management Program; 
(5) DOJ has added the Administrative Procedures Act, 5 U.S.C. 553, and 
5 U.S.C. 301 to the list of authorities for maintenance of the Justice 
FDMS; (6) DOJ has updated the administrative, technical, and physical 
safeguards applied to the system of records, consistent with guidance 
from the GSA; (7) DOJ has updated the access, contesting records, and 
notification procedures to conform to existing DOJ practices; and (8) 
the system location has been changed to reflect the move to the GSA. 
The entire notice is being republished in full for ease of reference.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this notice of a modified system of 
records.

    Dated: March 10, 2020.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/DOJ-013

SYSTEM NAME AND NUMBER:
    Justice Federal Docket Management System (Justice FDMS), JUSTICE/
DOJ-013.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION(S):
    General Services Administration, 1800 F St. NW, Washington, DC 
20006, and other GSA offices throughout the United States.
    U.S. Department of Justice, 950 Pennsylvania Ave. NW, Washington, 
DC 20530 and other Department of Justice offices.

SYSTEM MANAGER(S):
    Technical Issues: Justice Department, Deputy Chief Information 
Officer for E- Government, Office of the Chief Information Officer, 
United States Department of Justice, 950 Pennsylvania Avenue NW, RFK 
Main Building, Washington, DC 20530.
    Policy Issues: Justice Department FDMS Policies System 
Administrator, Office of Legal Policy, United States Department of 
Justice, 950 Pennsylvania Avenue NW, RFK Main Building, Washington, DC 
20530.

[[Page 15228]]

    Component Managers can be contacted through the Department's System 
Managers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44 
U.S.C. Chapter 36); Administrative Procedures Act, 5 U.S.C. 553; and 5 
U.S.C. 301.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any person--including private individuals, representatives of 
Federal, State or local governments, businesses, and industries, that 
provides personally identifiable information pertaining to DOJ and 
persons mentioned or identified in the body of a comment.

PURPOSE(S) OF THE SYSTEM:
    To assist the Federal Government in allowing the public to search, 
view, download, and comment on Federal agency rulemaking documents in 
one central on-line location and to contact commenters if necessary.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any person--including private individuals, representatives of 
Federal, State or local governments, businesses, and industries, that 
provides personally identifiable information pertaining to DOJ and 
persons mentioned or identified in the body of a comment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Agency rulemaking material includes, but is not limited to public 
comments received through FDMS pertaining to DOJ rulemaking where such 
comments contain personally identifiable information, and any other 
supporting rulemaking documentation.

RECORD SOURCE CATEGORIES:
    Any person, including public citizens and representatives of 
Federal, state, or local governments; businesses; and industries.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    1. To the GSA, when needed for purposes of the GSA's management of 
the GSA's Federal Rulemaking Management Program.
    2. Information may be disclosed to OMB at any stage in the 
legislative coordination and clearance process in connection with 
private relief legislation, and when reporting a new or significantly 
modified system of records notice as set forth in OMB Circular No. A-
19, Legislative Coordination and Clearance, and OMB Circular No. A-130, 
Appendix I, Responsibilities for Protecting and Managing Information 
Resources.
    3. 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.
    4. To complainants and/or victims 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 and/or of which they were a victim.
    5. To any person or entity that the DOJ has reason to believe 
possesses information regarding a matter within the jurisdiction of the 
DOJ to the extent deemed to be necessary by the DOJ in order to elicit 
such information or cooperation from the recipient for use in the 
performance of an authorized activity.
    6. 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.
    7. 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 informal discovery 
proceedings.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. 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 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.
    13. 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.
    14. 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.
    15. 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.
    16. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records; (2) the Department has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to

[[Page 15229]]

individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security; 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 breach or 
to prevent, minimize, or remedy such harm.
    17. To another Federal agency or Federal entity, when the 
Department determines that information from this system of records is 
reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach, or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach.
    18. To the White House (the President, Vice-President, their 
staffs, and other entities of the Executive Office of the President), 
and, during Presidential transitions, to the President Elect and Vice-
President Elect and their designated transition team staff, for 
coordination of activities that relate to or have an effect upon the 
carrying out of the constitutional, statutory, or other official or 
ceremonial duties of the President, President Elect, Vice President or 
Vice-President Elect.
    19. To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the DOJ and 
meeting related reporting requirements.
    20. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored in paper or electronic form 
within the GSA's Federal rulemaking system. Components of the 
Department of Justice will maintain paper or electronic information in 
accordance with applicable records retention schedules pursuant to the 
Federal Records Act 44 U.S.C. 3301, et seq.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Justice FDMS will have the ability to retrieve records by various 
data elements and key word searches, including: Name, Agency, 
Component, Docket Type, Docket Sub-Type, Agency Docket ID, Docket 
Title, Docket Category, Document Type, CFR Part, Date Comment Received, 
and Federal Register Published Date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Each Department component will handle its records in accordance 
with its records retention schedule as approved by the National 
Archives and Records Administration. Electronic data will be retained 
and disposed of in accordance with the component's applicable records 
retention schedules. The majority of documents residing on this system 
will be public comments and other documentation in support of Federal 
rulemakings. All DOJ Federal Register rulemakings are part of the 
Justice FDMS and are identified as official records and retained by the 
National Archives and Records Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The GSA information technology system that hosts Regulations.gov 
and the Justice FDMS is in a facility or facilities protected by 
physical walls, security guards, and requires identification badges to 
access the facility. The rooms housing the information technology 
infrastructure and the individual server racks are locked. Furthermore, 
the information technology system itself contains security controls, 
which are reviewed on a periodic basis by external assessors. These 
controls include measures for access controls, security awareness 
training, audits, configuration management, contingency planning, 
incident response, and maintenance. Records in the electronic system, 
are maintained in a secure, password protected environment that 
utilizes security hardware and software, including multiple firewalls, 
active intrusion detection, encryption, identification and 
authentication of users. The DOJ account manager has access to GSA's 
FDMS and establishes, manages and terminates DOJ user accounts.
    Furthermore, Justice FDMS security protocols will meet multiple 
National Institute of Standards and Technology (NIST) Security 
Standards from Authentication to Certification and Accreditation. 
Records in the Justice FDMS will be maintained in a secure, password 
protected electronic system that will utilize security hardware and 
software to include: Multiple firewalls, active intruder detection, and 
role-based access controls. Additional safeguards will vary by 
component.

RECORD ACCESS PROCEDURES:
    Records concerning comments received through FDMS pertaining to DOJ 
rulemaking are maintained by the individual DOJ component to which the 
comment was directed. All requests for access to records must be in 
writing and should be addressed to the to the particular DOJ component 
maintaining the records at Department of Justice, 950 Pennsylvania 
Avenue NW, RFK Main Building, Washington, DC 20530. The envelope and 
letter should be clearly marked ``Privacy Act Access Request.'' The 
request must describe the records sought in sufficient detail to enable 
Department personnel to locate them with a reasonable amount of effort. 
The request must 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.
    Although no specific form is required, you may obtain forms for 
this purpose from the FOIA/Privacy Act Mail Referral Unit, United 
States Department of Justice, 950 Pennsylvania Avenue NW, Washington, 
DC 20530, or on the Department of Justice website at https://www.justice.gov/oip/oip-request.html.
    More information regarding the Department's procedures for 
accessing records in accordance with the Privacy Act can be found at 28 
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual 
Records Under the Privacy Act of 1974.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their requests to the address indicated 
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to 
contest or amend records must be in writing and the envelope and letter 
should be clearly marked ``Privacy Act Amendment Request.'' All 
requests must state clearly and concisely what record is being 
contested, the reasons for contesting it, and the proposed amendment to 
the record.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

NOTIFICATION PROCEDURES:
    Persons submitting comments do not typically receive individualized 
notice. Generalized notice is provided by the publication of this SORN.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[[Page 15230]]

HISTORY:
    82 FR 24151, 153 (May 25, 2017); 72 FR 12196 (March 15, 2007).

[FR Doc. 2020-05456 Filed 3-16-20; 8:45 am]
BILLING CODE 4410-NW-P