[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
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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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