[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37192-37195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14988]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 004-2020]


Privacy Act of 1974; Systems of Records

AGENCY: Office of Legal Policy, 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, as amended, and Office of 
Management and Budget (OMB) Circular No. A-108, notice is hereby given 
that the Office of Legal Policy (OLP), a component within the United 
States Department of Justice (DOJ or Department), proposes to modify 
its System of Records Notice currently titled ``United States Judges 
Records System,'' JUSTICE/OLP-002. OLP proposes to modify this system 
of records notice as part of the Department's overall effort to update 
DOJ leadership system of records notices in light of organizational, 
procedural, and technological changes at the Department.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the 
modifications to this system of records will be effective upon 
publication, subject to a 30-day period in which to comment on the 
modified routine uses, described below. Please submit any comments by 
August 13, 2021.

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, Two Constitution 
Square (2Con), 145 N Street 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: Matrina Matthews, Executive Officer, 
Office of Legal Policy, U.S. Department of Justice, 950 Pennsylvania 
Avenue NW, Room 4234, Washington, DC 20530-0001; telephone: (202) 616-
0040.

SUPPLEMENTARY INFORMATION: The Assistant Attorney General, OLP, is 
responsible for assisting the Attorney General in, inter alia, advising 
and assisting in the selection and appointment of Federal judges. OLP 
is comprised of attorneys and other DOJ personnel responsible for 
assisting the Assistant Attorney General, OLP, in executing the 
responsibilities of the office. The Department established the system 
of records, ``United States Judges Records System,'' JUSTICE/OLP-002, 
to maintain records needed to assist the Assistant Attorney General, 
OLP, and the personnel within OLP, in assessing candidates for 
potential nomination to be a Federal judge and securing a judicial 
nominee's confirmation and appointment. Since JUSTICE/OLP-002 was last 
published in full, 50 FR 30309 (July 25, 1985), OLP, and the Department 
as a whole, have undertaken a number of organizational, procedural, and 
technological changes that have modernized the information and 
information system that are used to collect, use, maintain, and 
disseminate these records. The Department has determined that updates 
to this system of records notice are necessary to describe the 
Department's organizational, procedural, and technological changes.
    Specifically, JUSTICE/OLP-002 is being updated as follows: The 
system of records is being renamed the ``Judicial Nominations Files''; 
the system location paragraph has been updated to account for the 
location of both hard copies and the Department's data centers; the 
authorities paragraph has been clarified to include statutes outlining 
the role and responsibilities of the Attorney General, as delegated to 
the Assistant Attorney General and OLP; the categories-of-individuals 
paragraph has been updated to include individuals who were candidates 
for, nominated for, or nominated and confirmed for, Federal judgeships, 
excluding those appointed to the United States Court of Appeals for the 
Armed Forces, the United States Court of Appeals for Veterans Claims, 
the United States Tax Court, and the United States Court of Military 
Commission Review; the categories-of-individuals paragraph has also 
been updated to include individuals who were candidates for, nominated 
for, and/or confirmed to a position on the U.S. Sentencing Commission 
or related Executive Branch positions; the categories-of-records 
paragraph has been clarified to better articulate information that 
could be maintained in an individual's file; the routine uses have been 
updated: (1) To add or update routine uses that appear in almost every 
DOJ system of records notice that allow for disclosures

[[Page 37193]]

that are functionally equivalent to the purpose for which the DOJ 
information is collected, or are necessary and proper uses of the DOJ 
information (for example, disclosures to NARA, and disclosures to 
identify and mitigate actual or suspected breaches); and (2) to revise 
the White House disclosure routine use to clearly indicate the purposes 
for which records would be disclosed to the White House and its staff; 
the records-storage paragraph has been updated to include the 
electronic storage of records; the paragraph on policies and practices 
for the retrieval of records in the system has been updated to account 
for the electronic storage of records; the records-retention paragraph 
has been updated to include the appropriate records control schedules; 
the access, amendment, and notification procedures have been clarified 
to detail the process for requesting access to, amendment of, or 
notification of, records within this system of records not otherwise 
exempt from such requests; the exemptions paragraph has been modified 
to claim certain Privacy Act exemptions for this system, consistent 
with the Notice of Proposed Rulemaking published elsewhere in the 
Federal Register, that will modify the exemptions claimed for this 
system of records; and a history paragraph has been added. The 
Department has republished the system of records notice in its entirety 
for the convenience of the public.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.

    Dated: July 1, 2021.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/OLP-002

SYSTEM NAME AND NUMBER:
    Judicial Nominations Files, JUSTICE/OLP-002.

SECURITY CLASSIFICATION:
    Classified and Controlled Unclassified Information.

SYSTEM LOCATION:
    Hard-copy records will be maintained at OLP, Robert F. Kennedy 
Department of Justice Building, 950 Pennsylvania Avenue NW, Washington, 
DC 20530-0001.
    Electronic records will be maintained at one or more of the 
Department's data centers, including, but not limited to, the Justice 
Data Center, Rockville, MD 20854, and/or at one or more of the 
Department's Core Enterprise Facilities (CEF), including, but not 
limited to, the Department's CEF East, Clarksburg, WV 26306, or CEF 
West, Pocatello, ID 83201. Records within this system of records may be 
transferred to a Department-authorized cloud service provider, in which 
records would be limited to locations within the continental United 
States. Access to these electronic records includes all locations at 
which OLP operates or at which OLP operations are supported, including 
the Robert F. Kennedy Department of Justice Building. Some or all 
system information may also be duplicated at other locations where the 
Department has granted direct access to support OLP operations, system 
backup, emergency preparedness, and/or continuity of operations.
    To determine the location of particular OLP records, contact the 
system manager, whose contact information is listed in the ``SYSTEM 
MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    Assistant Attorney General, Office of Legal Policy, 950 
Pennsylvania Avenue NW, Washington, DC 20530-0001; phone: 202-514-4601; 
general inquiries to the Department can be submitted online at: https://www.justice.gov/contact-us.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    These records are maintained pursuant to the United States 
Constitution, Art. II, Sec. 2, Clause 2; 28 U.S.C. ch. 31; 28 U.S.C. 
44; 5 U.S.C. 301; and 28 CFR part 0, subpart D-2.

PURPOSE(S) OF THE SYSTEM:
    This system is maintained for the purpose of assisting the 
Assistant Attorney General, OLP, in carrying out OLP's responsibilities 
including, but not limited to: Advising and assisting the Attorney 
General in the selection and appointment of Federal judges; assessing 
candidates for potential nomination to a Federal judgeship; securing a 
judicial nominee's confirmation and appointment to a Federal judgeship; 
and providing advice and assistance in the selection and appointment of 
candidates to positions on the U.S. Sentencing Commission or an 
Executive Branch position.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system may encompass records on: Individuals who were 
candidates for Federal judgeships but who were never nominated; 
individuals who were nominated for Federal judgeships but who were 
never confirmed; individuals who were nominated and confirmed for 
Federal judgeships, excluding those appointed to the United States 
Court of Appeals for the Armed Forces, the United States Court of 
Appeals for Veterans Claims, and the United States Court of Military 
Commission Review; and individuals who were considered for, nominated 
for, and/or confirmed to a position on the U.S. Sentencing Commission 
or an Executive Branch position.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records consists of records pertaining to: (1) Files 
of individuals who were candidates for Federal judgeships but who were 
never nominated, which may include: Scheduling documents, Congressional 
actions and requests (for example, Senate Questionnaires), FBI 
background files and related paperwork, Financial Disclosure Reports, 
nomination forms and the Attorney General cover letters that accompany 
them, resumes, documents reflecting notes or assessments of candidates, 
and any other related documents necessary and relevant to assessing the 
potential nomination of a candidate for a Federal judgeship; (2) files 
of individuals who were nominated for Federal judgeships but who were 
never confirmed, which may include: Those documents mentioned in (1), 
above, as well as American Bar Association (ABA) rating letters; (3) 
files of individuals who were nominated and confirmed for Federal 
judgeships, which may include: Those documents mentioned in (1) and 
(2), above, as well as appointment records, oaths of office, Senate 
confirmation documentation, commission documentation, tax checks and 
credit reports waivers, medical reports, and nomination files of 
confirmed individuals that are maintained by employees working on the 
judicial nominations and confirmations; and (4) files on individuals 
who were candidates for, nominated for, or confirmed to the United 
States Sentencing Commission or an Executive Branch position, which may 
include those documents mentioned in (1) and (3), above, and any other 
related documents necessary and relevant to assessing the potential 
nomination and/or confirmation of a nominee for the United States 
Sentencing Commission or an Executive Branch position.

RECORD SOURCE CATEGORIES:
    Non-exempt sources of information contained in this system include 
the general public, organizations, associations, the subjects of the 
records themselves, government agencies, as appropriate, and other 
relevant parties.

[[Page 37194]]

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:
    (A) To officials and employees of the White House concerning the 
selection, vetting, appointment, confirmation, or other activities 
related to a judicial candidate, judicial nominee, a confirmed Federal 
judge, or a candidate for or nominee to the United States Sentencing 
Commission or an Executive Branch position.
    (B) 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.
    (C) To any person or entity that OLP has reason to believe 
possesses information regarding a matter within the jurisdiction of 
OLP, to the extent deemed to be necessary by OLP in order to elicit 
such information or cooperation from the recipient for use in the 
performance of an authorized activity.
    (D) 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.
    (E) 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.
    (F) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, interagency agreement, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    (G) To a former employee of the Department for the 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.
    (H) To a Member of Congress, or staff acting on the Member's 
behalf, when the Member or staff requests the information for 
investigative or confirmation-related purposes.
    (I) To the National Archives and Records Administration for the 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (J) 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 
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.
    (K) 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.
    (L) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    (M) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, local, territorial, tribal, foreign, or 
international) where the information is relevant to the recipient 
entity's law enforcement responsibilities.
    (N) To a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information, for such purposes.
    (O) To any person, organization, or governmental entity in order to 
notify them of a serious terrorist threat for the purpose of guarding 
against or responding to such threat.
    (P) To any person or entity if deemed by OLP to be necessary in 
order to elicit information or cooperation from the recipient for use 
by OLP in the performance of an authorized law enforcement activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system may be stored in electronic form, stored in 
paper folders, and/or stored on magnetic disks, hard disks, removable 
storage devices, or other electronic media. Electronic records are 
stored in databases and/or on hard disks, removable storage devices, or 
other electronic media. Records are stored securely in accordance with 
applicable executive orders, statutes, and agency implementing 
recommendations.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    For individuals who were candidates for Federal judgeships but who 
were never nominated, information is retrieved by use of the name of 
the nominee and by the year in which a decision was made not to 
nominate the candidate. For individuals who were nominated for Federal 
judgeships but who were never confirmed, information is retrieved by 
use of the name of the nominee and by the year in which a decision was 
made not to re-nominate the candidate. For individuals who were 
nominated and confirmed for Federal judgeships, information is 
retrieved by use of the name of the nominee and by the year in which 
they were confirmed. For individuals who were candidates for, nominated 
for, or confirmed to the United States Sentencing Commission or an 
Executive Branch position, information is retrieved by use of the name 
of the individual and by the year in which a decision was made on the 
individual's candidacy, nomination, or confirmation. Records for each 
of these categories are filed alphabetically by year.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with guidelines 
approved by the National Archives and Records Administration (DAA-0060-
2012-0009). Records are destroyed for

[[Page 37195]]

candidates who are not nominated three years after the decision is made 
not to nominate the candidate. Records are destroyed for candidates who 
are nominated but not confirmed five years after the decision is made 
by the President not to re-nominate the candidate. Records for files of 
candidates who are nominated and confirmed are transferred to the 
National Archives sixty years after the date of confirmation.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system is maintained in accordance with 
applicable laws, rules, and policies on protecting individual privacy. 
The servers storing electronic data and the backup tapes stored onsite 
are located in locked rooms with access limited to authorized agency 
personnel. Backup tapes stored offsite are maintained in accordance 
with a government contract that requires adherence to applicable laws, 
rules, and policies on protecting individual privacy. Internet 
connections are protected by multiple firewalls. Security personnel 
conduct periodic vulnerability scans using DOJ-approved software to 
ensure security compliance, and security logs are enabled for all 
computers to assist in troubleshooting and forensics analysis during 
incident investigations. Users of individual computers can only gain 
access to the data with a valid user identification and password.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the Chief, Initial Request Staff, Office of Information 
Policy, 1425 New York Avenue NW, Suite 11050, Washington, DC 20530-
0001. Requests may also be made online at https://www.justice.gov/oip/submit-and-track-request-or-appeal. The envelope, letter, and/or 
subject line 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 in accordance with 28 CFR 16.41(d). 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. Some information may be exempt from the access 
provisions as described in the ``EXEMPTIONS PROMULGATED FOR THE 
SYSTEM'' paragraph, below. An individual who is the subject of a record 
in this system of records may request access to those records that are 
not exempt from access. A determination of 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, 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/make-foia-request-doj.
    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, letter, 
and/or subject line 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. Some information may be exempt from the 
amendment provisions as described in the ``EXEMPTIONS PROMULGATED FOR 
THE SYSTEM'' paragraph, below. An individual who is the subject of a 
record in this system of records may contest or amend those records 
that are not exempt. A determination of whether a record is exempt from 
the amendment provisions will be made after a request is received.
    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:
    Individuals may request to be notified if a record in this system 
of records pertains to them by utilizing the same procedures identified 
in the ``RECORD ACCESS PROCEDURES'' paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3); (d); (e)(1), (e)(4)(G), (H), and (I); and (f) of the Privacy 
Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), and (k)(6). 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.

HISTORY:
    50 FR 30309 (Sept. 12, 1985): Last published in full;
    66 FR 8425 (Jan. 31, 2001); Added one routine use;
    72 FR 3410 (Jan. 25, 2007): Added one routine use; and
    82 FR 24147 (May 25, 2017): Rescinded 72 FR 3410, and added two 
routine uses.
[FR Doc. 2021-14988 Filed 7-13-21; 8:45 am]
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