[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Notices]
[Pages 61771-61772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21633]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 005-2020]


Privacy Act of 1974; Systems of Records

AGENCY: Office of Attorney Recruitment and Management, Justice 
Management Division, 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 
Office of Attorney Recruitment and Management (OARM), a component 
within the United States Department of Justice (DOJ or Department), 
proposes to modify a system of records notice titled ``Federal Bureau 
of Investigation Whistleblower Case Files, JMD-023.'' The component 
proposes to make modifications in the ``System Location,'' ``Categories 
of Individuals Covered by the System,'' ``Categories of Records in the 
System,'' ``Authority for Maintenance of the System,'' ``Purposes,'' 
and ``System Manager(s) and Address'' sections of the notice.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on the routine uses, described below. Therefore, please submit 
any comments by October 30, 2020.

ADDRESSES: The public, 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, 2 Constitution 
Square, 145 N Street NE, Washington, DC 20002; by facsimile at 202-307-
0693; or by email at [email protected]. To ensure proper 
handling, please reference the above CPCLO Order Number on your 
correspondence.

FOR FURTHER INFORMATION CONTACT: Hilary S. Delaney, Assistant Director, 
OARM, 450 5th Street NW, Suite 10200, Washington, DC 20530, 
[email protected].

SUPPLEMENTARY INFORMATION: Under 28 CFR part 27, an FBI employee or 
applicant who believes he or she has suffered a reprisal for making a 
protected disclosure may report the reprisal in writing to the 
Department's Office of Professional Responsibility (OPR) or Office of 
the Inspector General (OIG). The office that investigates the 
whistleblower reprisal complaint is known as the ``Conducting Office.'' 
If the Conducting Office investigates the complaint and determines that 
there are reasonable grounds to believe that there has been a reprisal 
for a protected disclosure, the Conducting Office reports its 
conclusion to OARM, along with any findings and recommendations for 
corrective action. Alternatively, a complainant may file a request for 
corrective action with OARM within 60 calendar days upon notification 
by the Conducting Office that the investigation has been concluded. If 
the Conducting Office fails to notify the complainant, the complainant 
may seek corrective action with OARM any time after 120 calendar days 
from the filing of a complaint. Within 30 calendar days of a final 
determination or corrective action order by OARM, either party (i.e., 
the complainant, and/or his or her designated representative, if any; 
and the FBI's Office of General Counsel (FBI OGC)) may request review 
by the Deputy Attorney General (DAG).
    A complainant may pursue mediation through the Department's FBI 
Whistleblower Mediation Program any time during the processing of a 
complaint (whether at the Conducting Office level or before OARM or the 
DAG). OARM is responsible for adjudicating any claim involving an 
alleged breach of a settlement agreement reached by the parties during 
their participation in the FBI Whistleblower Mediation Program, and 
OARM's decision on a claim of any such alleged breach may be appealed 
to the DAG within 30 calendar days of OARM's decision.
    On September 7, 2005, pursuant to the provisions of the Privacy Act 
of 1974 (5 U.S.C. 552a), OARM published a notice of a new system of 
records entitled ``Federal Bureau of Investigation, Whistleblower Case 
Files, JMD-023'' (70 FR 53253). The system maintains all documents and 
evidence submitted to OARM and the DAG filed in FBI whistleblower 
reprisal claims. The records are used by OARM and the DAG in their 
respective authorities to adjudicate claims of whistleblower reprisal 
brought by former or current employees of, or applicants for employment 
with, the FBI, pursuant to 28 CFR part 27. The purpose of this notice 
of modification is to update administrative details that have changed 
since the 2005 publication of 70 FR 53253, including the recently 
adopted procedures involving reviews by OARM and the DAG of a party's 
claim of a breach of a settlement agreement reached by the parties 
during their participation in the Department's FBI Whistleblower 
Mediation Program.
    Privacy Act exemptions are claimed for this system pursuant to 28 
CFR 16.76, however the exemptions are unchanged from the original 
publication of this SORN.
    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.


[[Page 61772]]


    Dated: September 23, 2020.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.

JUSTICE/JMD-023
SYSTEM NAME AND NUMBER:
    Federal Bureau of Investigation Whistleblower Case Files, Justice/
JMD-023.

SECURITY CLASSIFICATION:
    The records in the system are generally sensitive but unclassified, 
although there may be situations when national security/foreign policy 
classified information is included in a specific matter.
* * * * *

SYSTEM LOCATION:
    [Delete existing paragraph and replace with the following:]
    Records in this system are located at the Department of Justice, 
OARM, 450 5th Street NW, Suite 10200, Washington, DC 20530.
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    [Delete existing paragraph and replace with the following:]
    The system of records covers any former or current employee of, or 
applicant for employment with, the FBI who has filed a request for 
corrective action with OARM pursuant to 28 CFR part 27, or for whom the 
Conducting Office (i.e., either OIG or OPR) has presented a Report of 
Investigation finding that there are reasonable grounds to believe a 
reprisal has or will be taken, and/or made a recommendation for 
corrective action to OARM. The system of records also covers any former 
or current employee of the FBI who has participated in the Department's 
FBI Whistleblower Mediation Program and filed a claim of a breach of a 
settlement agreement with OARM.
* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:
    [Delete existing paragraph and replace with the following:]
    The records in the system relate to OARM's adjudication of FBI 
whistleblower reprisal claims under 28 CFR part 27 and customarily 
include: (1) The complainant's request for corrective action; (2) OIG/
OPR Reports of Investigation and any recommendation for corrective 
action; (3) the parties' pleadings and evidentiary submissions (e.g., 
affidavits, depositions, audio/visual DVDs, electronic communications, 
etc.); (4) correspondence between OARM and the parties and OARM and 
OIG/OPR; (5) OARM Orders and Opinions; and/or (6) settlement 
agreements.
    The records in the system also include: (1) The parties' pleadings 
and evidentiary submissions presented to OARM for adjudication of any 
claim of a breach of a settlement agreement reached through the 
parties' participation in the Department's FBI Whistleblower Mediation 
Program; (2) OARM's decisional or procedural issuances in breach of 
settlement agreement cases; and (3) appellate materials presented to, 
and used by, the DAG in adjudicating a party's request for review of 
OARM's final determinations and corrective action orders brought under 
28 CFR 27.5, as well as any request for review of a decision by OARM in 
a breach of settlement agreement case.
* * * * *

AUTHORITY FOR MAINTENANCE IN THE SYSTEM:
    [Delete existing paragraph and replace with the following:]
    5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C. 2303; 28 CFR part 27.
* * * * *

PURPOSE(S):
    [Delete existing paragraph and replace with the following:]
    The records in the system are used: (1) By OARM to determine 
whether the complainant 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 complainant, and, if so, what, if any corrective action can and 
should be appropriately ordered; (2) by OARM to determine whether there 
has been a breach by a party of a settlement agreement reached through 
the parties' participation in the Department's FBI Whistleblower 
Mediation Program, and, if so, whether the agreement shall be set aside 
or enforced; and (3) by the DAG in adjudicating requests for review of 
OARM's final determinations and/or corrective action orders in reprisal 
cases, as well as OARM's decisions in cases involving a claim of a 
breach of settlement agreement.
* * * * *

SYSTEM MANAGER(S) AND ADDRESS:
    [Delete existing paragraph and replace with the following:]
    Assistant Director, OARM, 450 5th Street NW, Suite 10200, 
Washington, DC 20530.
* * * * *

HISTORY:
    70 FR 53253 (Sept. 7, 2005), 72 FR 15906 (April 3, 2007), 72 FR 
30631 (June 1, 2007); 82 FR 24147 (May 25, 2017).

[FR Doc. 2020-21633 Filed 9-29-20; 8:45 am]
 BILLING CODE 4410-PB-P