82_FR_25918 82 FR 25812 - Privacy Act of 1974; System of Records

82 FR 25812 - Privacy Act of 1974; System of Records

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range25812-25816
FR Document2017-11445

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Department of Justice (Department or DOJ) proposes to add a new DOJ system of records titled, ``DOJ Insider Threat Program Records (ITPR),'' JUSTICE/DOJ-018. In the Federal Register of May 31, 2017, the Department is rescinding its notice of an FBI system of records notice titled ``FBI Insider Threat Program Records,'' JUSTICE/FBI-023, published on September 19, 2016. This new DOJ-wide system of records will cover the records previously claimed under JUSTICE/FBI-023. This new system of records establishes certain Department-wide capabilities to detect, deter, and mitigate insider threats. Insiders are defined to include any person with authorized access to any United States Government resource to include personnel, facilities, information, equipment, networks, or systems. DOJ personnel assigned to the DOJ Insider Threat Prevention and Detection Program (ITPDP) will use the system to facilitate management of insider threat inquiries and activities associated with inquiries and referrals, identify potential threats to DOJ resources and information assets, track referrals of potential insider threats to internal and external partners, and provide statistical reports and meet other insider threat reporting requirements. Elsewhere in this Federal Register, DOJ is concurrently issuing a Notice of Proposed Rulemaking to exempt JUSTICE/DOJ-018 from certain provisions of the Privacy Act, and withdrawing the notice of proposed rulemaking regarding for JUSTICE/FBI-023, issued in CPCLO Order No. 008-2016.

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25812-25816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11445]


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

DEPARTMENT OF JUSTICE

[CPCLO Order No. 001-2017]


Privacy Act of 1974; System of Records

AGENCY: United States Department of Justice.

ACTION: Notice of a New System of Records.

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

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 
Department of Justice (Department or DOJ) proposes to add a new DOJ 
system of records titled, ``DOJ Insider Threat Program Records 
(ITPR),'' JUSTICE/DOJ-018. In the Federal Register of May 31, 2017, the 
Department is rescinding its notice of an FBI system of records notice 
titled ``FBI Insider Threat Program Records,'' JUSTICE/FBI-023, 
published on September 19, 2016. This new DOJ-wide system of records 
will cover the records previously claimed under JUSTICE/FBI-023. This 
new system of records establishes certain Department-wide capabilities 
to detect, deter, and mitigate insider threats. Insiders are defined to 
include any person with authorized access to any United States 
Government resource to include personnel, facilities, information, 
equipment, networks, or systems. DOJ personnel assigned to the DOJ 
Insider Threat Prevention and Detection Program (ITPDP) will use the 
system to facilitate management of insider threat inquiries and 
activities associated with inquiries and referrals, identify potential 
threats to DOJ resources and information assets, track referrals of 
potential insider threats to internal and external partners, and 
provide statistical reports and meet other insider threat reporting 
requirements. Elsewhere in this Federal Register, DOJ is concurrently 
issuing a Notice of Proposed Rulemaking to exempt JUSTICE/DOJ-018 from 
certain provisions of the Privacy Act, and withdrawing the notice of 
proposed rulemaking regarding for JUSTICE/FBI-023, issued in CPCLO 
Order No. 008-2016.

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. Please submit any 
comments by July 5, 2017.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the U.S. Department of Justice, ATTN: Privacy Analyst, 
Office of Privacy and Civil Liberties, National Place Building, 1331 
Pennsylvania Avenue NW., Suite 1000, Washington, DC 20530-0001, by 
facsimile at 202-307-0693, or email at [email protected]. To 
ensure proper handling, please reference the above CPCLO Order No. in 
your correspondence.

FOR FURTHER INFORMATION CONTACT: Laurence Reed, DOJ Insider Threat

[[Page 25813]]

Program Manager, United States Department of Justice, Insider Threat 
Prevention and Detection Program, 145 N Street NE., Washington, DC 
20002, 202-357-0165, [email protected].

SUPPLEMENTARY INFORMATION: The DOJ has created a system of records, 
known as the DOJ Insider Threat Program Records (ITPR), to manage 
insider threat matters within the DOJ. Executive Order (E.O.) 13587, 
Structural Reforms to Improve the Security of Classified Networks and 
the Responsible Sharing and Safeguarding of Classified Information, 
issued October 7, 2011, requires Federal agencies to establish an 
insider threat detection and prevention program to ensure the security 
of Classified networks and the responsible sharing and safeguarding of 
Classified information, consistent with appropriate protections for 
privacy and civil liberties. This system of records has been 
established to enable the DOJ to implement the requirements of E.O. 
13587, to meet operating capability requirements as defined by the 
National Insider Threat Policy and Minimum Standards for Executive 
Branch Insider Threat Programs (Nov. 21, 2012), and to fulfill 
responsibilities under DOJ Order 0901, Insider Threat (Feb. 12, 2014). 
For an overview of the Privacy Act, see: https://www.justice.gov/opcl/privacy-act-1974.
    The Presidential Memorandum--National Insider Threat Policy and 
Minimum Standards for Executive Branch Insider Threat Programs (Nov. 
21, 2012)--states that an insider threat is the threat that any person 
with authorized access to any United States Government resource, to 
include personnel, facilities, information, equipment, networks or 
systems, will use her/his authorized access, wittingly or unwittingly, 
to do harm to the security of the United States. This threat can 
include damage to the United States through espionage, terrorism, 
unauthorized disclosure of national security information, or through 
the loss or degradation of departmental resources or capabilities.
    The DOJ ITPR may include information lawfully obtained by the DOJ 
from any United States Government component, from other domestic or 
foreign government entities, or from private entities, which is 
necessary to identify, analyze, or resolve insider threat matters.
    In accordance with the Privacy Act requirements of 5 U.S.C. 
552a(r), the Department of Justice has provided a report to OMB and to 
Congress on this new system of records.

    Dated: May 19, 2017.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/DOJ-001

SYSTEM NAME AND NUMBER:
    DOJ Insider Threat Program Records (ITPR), JUSTICE/DOJ-001.

SYSTEM CLASSIFICATION:
    This system includes both Classified and Unclassified information.

SYSTEM LOCATION:
    Records may be maintained at all locations at which the Department 
of Justice (DOJ) operates or at which DOJ operations are supported, 
including: Robert F. Kennedy Main Justice Department Building, 950 
Pennsylvania Avenue NW., Washington, DC 20530-0001; Federal Bureau of 
Investigation J. Edgar Hoover Building, 935 Pennsylvania Avenue NW., 
Washington, DC 20535-0001; Bureau of Alcohol, Tobacco, Firearms and 
Explosives, 99 New York Avenue NE., Washington, DC 20226; and other DOJ 
components, field offices, information technology centers, and other 
locations as listed on the DOJ and DOJ components' Internet Web sites, 
including https://www.justice.gov. Some or all system information may 
also be duplicated at other locations where the DOJ has granted direct 
access for support of DOJ missions, for purposes of system backup, 
emergency preparedness, and/or continuity of operations.

SYSTEM MANAGER AND ADDRESS:
    DOJ Insider Threat Program Manager, United States Department of 
Justice, Insider Threat Prevention and Detection Program, 145 N Street 
NE., Washington, DC 20002, 202-357-0165, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    E.O. 12968, Access to Classified Information, issued August 2, 
1995, 60 FR 40245 (Aug. 7, 1995), as amended by E.O. 13467, Reforming 
Processes Related to Suitability for Government Employment, Fitness for 
Contractor Employees, and Eligibility for Access to Classified National 
Security Information, issued June 30, 2008, 73 FR 38103 (July 2, 2008); 
E.O. 13526, Classified National Security Information, issued December 
29, 2009, 75 FR 707 (Jan. 5, 2010); E.O. 13587, Structural Reforms to 
Improve the Security of Classified Networks and the Responsible Sharing 
and Safeguarding of Classified Information, issued October 7, 2011, 76 
FR 63811 (Oct. 13, 2011); and Presidential Memorandum, National Insider 
Threat Policy and Minimum Standards for Executive Branch Insider Threat 
Programs (Nov. 21, 2012).
    DOJ Order 901, Insider Threat (Feb. 12, 2014), also directs the 
head of each Department Component to implement DOJ policy and minimum 
standards issued pursuant to this policy and in coordination with the 
DOJ ITPDP and ``[p]romulgate additional Component guidance, if needed, 
to reflect unique mission requirements consistent with meeting the 
minimum standards and guidance issued pursuant to this policy.''

PURPOSE(S) OF THE SYSTEM:
    This system of records is used by DOJ employees and contractors to 
monitor, detect, deter, and/or mitigate DOJ insider threats. The DOJ 
has established the DOJ ITPDP and this system of records in order to 
implement the requirements of E.O. 13587, Structural Reforms to Improve 
the Security of Classified Networks and the Responsible Sharing and 
Safeguarding of Classified Information (Oct. 7, 2011), and the National 
Insider Threat Policy and Minimum Standards for Executive Branch 
Insider Threat Programs (Nov. 21, 2012). These authorities require 
agencies with access to Classified information to establish certain 
capabilities for detecting, deterring, and/or mitigating insider 
threats, including: Accessing, gathering, integrating, assessing, and 
sharing information and data derived from offices across the 
organization for centralized analysis, reporting, and response; 
monitoring user activity on classified computer networks controlled by 
the Federal Government; evaluating personnel security information; and 
establishing procedures for insider threat response actions, such as 
inquiries to clarify or resolve insider threat matters.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by this system are DOJ 
insiders, defined as any person with authorized access to any DOJ 
resource to include personnel, facilities, information, equipment, 
networks or systems. Such persons include but are not limited to 
present and former DOJ employees, members of joint task forces under 
the purview of the DOJ, contractors, detailees, assignees, interns, 
visitors, and guests.

[[Page 25814]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    An insider threat is defined as the threat that any person with 
authorized access to any DOJ resource, to include personnel, 
facilities, information, equipment, networks or systems, will use his/
her authorized access, wittingly or unwittingly, to do harm to the 
security of the United States. This threat can include damage to the 
United States through espionage, terrorism, unauthorized disclosure of 
national security information, or through the loss or degradation of 
DOJ resources or capabilities. See Presidential Memorandum, National 
Insider Threat Policy and Minimum Standards for Executive Branch 
Insider Threat Programs (Nov. 21, 2012). The Minimum Standards state 
that Agency heads shall direct Counterintelligence, Security, 
Information Assurance, Human Resources, and other relevant 
organizational components to securely provide insider threat program 
personnel regular, timely, and, if possible, electronic access to the 
information necessary to identify, analyze, and resolve insider threat 
matters. Such access and information includes, but is not limited to, 
the following:
    A. All relevant counterintelligence and security databases and 
files, including personnel security files, polygraph examination 
reports, facility access records, security violation files, travel 
records, foreign contact reports, and financial disclosure filings;
    B. All relevant Unclassified and Classified network information 
generated by Information Assurance elements, including, but not limited 
to, personnel usernames and aliases, levels of network access, audit 
data, unauthorized use of removable media, print logs, and other data 
needed for clarification or resolution of an insider threat concern; 
and
    C. All relevant Human Resources databases and files including, but 
not limited to, personnel files, payroll and voucher files, outside 
work and activities requests, disciplinary files, and personal contact 
records, as may be necessary for resolving or clarifying insider threat 
matters.
    Records in the ITPR system consist of information necessary to 
identify, analyze, or resolve insider threat matters, including the 
information listed above or information derived from such information.

RECORD SOURCE CATEGORIES:
    Information may be provided by individuals covered by this system, 
the DOJ or other United States Government components, other domestic 
and foreign government entities, or obtained from private entities.

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 a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information for such purposes when determined to be 
relevant by the DOJ.
    B. To any person, organization, or governmental entity in order to 
notify them of a potential terrorist threat for the purpose of guarding 
against or responding to such threat.
    C. To any entity or individual where there is reason to believe the 
recipient is or could become the target of a particular criminal 
activity, conspiracy, or other threat, to the extent the information is 
relevant to the protection of life, health, or property. Information 
may similarly be disclosed to other recipients to the extent the 
information is relevant to the protection of life, health, or property.
    D. To any person or entity if necessary to elicit information or 
cooperation from the recipient for use by the DOJ in the performance of 
an authorized law enforcement, national security, or intelligence 
function.
    E. Violations of Law, Regulation, Rule, Order, or Contract. If any 
system record, alone, or in conjunction with other information, 
indicates a violation or potential violation of law (whether civil or 
criminal), regulation, rule, order, or contract, the pertinent record 
may be disclosed to the appropriate entity (whether federal, state, 
local, joint, tribal, foreign, or international) that is charged with 
the responsibility of investigating, prosecuting, implementing and/or 
enforcing such law, regulation, rule, order, or contract.
    F. Complainants and Victims. 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 
investigations or cases arising from the matters of which they 
complained and/or of which they were victims.
    G. Courts or Adjudicative Bodies. To a court, grand jury, or 
administrative or adjudicative body, in matters in which (a) the DOJ or 
any DOJ employee in his or her official capacity, (b) any DOJ employee 
in his or her individual capacity where the Department of Justice has 
agreed to represent the employee, or (c) the United States, is or could 
be a party to the litigation, is likely to be affected by the 
litigation, or has an official interest in the litigation, and 
disclosure of system records has been determined by the DOJ to be 
arguably relevant, or by the adjudicator to be relevant, to the 
litigation. Similar disclosures may be made in the situations stated 
above related to assistance provided to the Federal Government by non-
DOJ employees (see Routine Use J).
    H. Parties. To an actual or potential party to litigation or his or 
her attorney or authorized representative for the purpose of 
negotiating or discussing such matters as settlement of the case or 
matter, plea bargaining, or informal discovery proceedings, in matters 
in which the DOJ has an official interest and in which the DOJ 
determines records in the system to be arguably relevant.
    I. Appropriate Disclosures to the Public. To the news media or 
members of the general public in furtherance of a legitimate law 
enforcement or public safety function as determined by the DOJ (e.g., 
to assist in locating fugitives; to provide notifications of arrests; 
to provide alerts, assessments, or similar information on potential 
threats to life, health, or property; or to keep the public 
appropriately informed of other law enforcement or DOJ matters or other 
matters of legitimate public interest) where disclosure could not 
reasonably be expected to constitute an unwarranted invasion of 
personal privacy. (The availability of information in pending criminal 
or civil cases will be governed by the provisions of 28 CFR 50.2.)
    J. Non-DOJ Employees. To contractors, grantees, experts, 
consultants, students, or 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.
    K. To designated officers and employees of state, local (including 
the District of Columbia), 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

[[Page 25815]]

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 
to the recipient agency's decision.
    L. 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.
    M. The White House. To the White House (the President, Vice 
President, their staffs, and other entities of the Executive Office of 
the President (EOP)), and, during Presidential transitions, the 
President-Elect and Vice-President-Elect and their designees for 
appointment, employment, security, and access purposes compatible with 
the purposes for which the records were collected by the DOJ, e.g., 
disclosure of information to assist the White House in making a 
determination whether an individual should be: (1) Granted, denied, or 
permitted to continue in employment on the White House Staff; (2) given 
a Presidential appointment or Presidential recognition; (3) provided 
access, or continued access, to classified or sensitive information; or 
(4) permitted access, or continued access, to personnel or facilities 
of the White House/EOP complex. System records may be disclosed also to 
the White House and, during Presidential transitions, to the President-
Elect and Vice-President-Elect and their designees, for Executive 
Branch 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. System records or information may also be 
disclosed during a Presidential campaign to a major-party Presidential 
candidate, including the candidate's designees, to the extent the 
disclosure is reasonably related to a clearance request submitted by 
the candidate for the candidate's transition team members pursuant to 
Section 7601 of the Intelligence Reform and Terrorism Prevention Act of 
2004, as amended.
    N. Former Employees. To a former employee of the Department for 
purposes of: Responding to an official inquiry by a federal, state, 
local, tribal, or territorial government entity or professional 
licensing authority, in accordance with applicable DOJ regulations; or 
facilitating communications with a former employee that may be 
necessary for personnel-related or other official purposes where the 
DOJ requires information and/or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility. (Such disclosures will be effected under procedures 
established in 28 CFR 16.300-301 and DOJ Order 2710.8C, including any 
future revisions.)
    O. To federal, state, local, tribal, territorial, foreign, or 
international licensing agencies or associations when the DOJ 
determines the information is relevant to the suitability or 
eligibility of an individual for a license or permit.
    P. Members of Congress. To a Member of Congress or a person on his 
or her staff acting on 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.
    Q. National Archives and Records Administration (NARA) Records 
Management. To the National Archives and Records Administration (NARA) 
for purposes of records management inspections and such other purposes 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    R. To appropriate agencies, entities, and persons when (1) DOJ 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DOJ has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DOJ (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 DOJ's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    S. To another Federal agency or Federal entity, when DOJ 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.
    T. To such agencies, entities, or persons as is necessary to ensure 
the continuity of government functions in the event of any actual or 
potential disruption of normal government operations. This use 
encompasses all manner of such situations in which government 
operations may be disrupted, including: Military, terrorist, cyber, or 
other attacks, natural or manmade disasters, and other national or 
local emergencies; inclement weather and other acts of nature; 
infrastructure/utility outages; failures, renovations, or maintenance 
of buildings or building systems; problems arising from planning, 
testing or other development efforts; and other operational 
interruptions. This also includes all related pre-event planning, 
preparation, backup/redundancy, training and exercises, and post-event 
operations, mitigation, and recovery.
    U. To an agency of a foreign government or international agency or 
entity where the DOJ determines that the information is relevant to the 
recipient's responsibilities, dissemination serves the best interests 
of the United States Government, and where the purpose in making the 
disclosure is compatible with the purpose for which the information was 
collected.
    V. Auditors. To any agency, organization, or individual for the 
purposes of performing authorized audit or oversight operations of the 
DOJ and meeting related reporting requirements.
    W. As Mandated by Law. To such recipients and under such 
circumstances and procedures as are mandated by Federal statute, 
treaty, or other source of applicable law.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored on paper and/or in electronic 
form. Electronic records are stored in enterprise information 
technology platforms and networks, databases and/or on hard disks, 
removable storage devices, or other electronic media. Paper records may 
be stored in individual file folders and file cabinets with controlled 
access, or other appropriate GSA-approved security containers. 
Classified information is stored in accordance with applicable legal, 
administrative, and other requirements.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in this system may be retrieved by an individual's 
name, user ID, email address, Social Security number, unique employee 
identifier, as well as by use of key word search terms, including the 
names of persons with

[[Page 25816]]

whom covered individuals have interacted or to whom they have been 
linked.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are maintained and destroyed in accordance 
with applicable schedules and procedures issued or approved by NARA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained in secure, restricted areas and are accessed 
only by personnel who have a need for the records in the performance of 
their duties and have been authorized to access them. Physical security 
protections include guarded and locked facilities requiring badges and 
passwords for access and other physical and technological safeguards 
(such as role-based access and strong passwords) to prevent 
unauthorized access. All visitors must be accompanied by authorized 
staff personnel at all times. Highly Classified or sensitive 
information is electronically transmitted on secure lines and in 
encrypted form to prevent interception and interpretation. Users 
accessing system components through mobile or portable computers or 
electronic devices such as laptop computers, multi-purpose cell phones, 
and personal digital assistants (PDAs) must comply with the DOJ's 
remote access policy, which requires encryption. All DOJ employees 
receive a complete background investigation prior to being hired. Other 
persons with authorized access to system records receive comparable 
vetting. All personnel are required to undergo privacy and annual 
information security training, and are cautioned about divulging 
confidential information or any information contained in DOJ files. 
Failure to abide by this provision violates DOJ regulations and may 
violate certain civil and criminal statutes providing for penalties of 
fine or imprisonment or both. As a condition of employment, DOJ 
personnel also sign nondisclosure agreements which encompass, as 
appropriate, Classified and Unclassified information and remain in 
force even after DOJ employment. Employees who resign or retire are 
also cautioned about divulging information acquired in their DOJ 
capacity.

RECORD ACCESS PROCEDURES:
    The Attorney General has exempted this system of records from the 
notification, access, amendment, and contest procedures of the Privacy 
Act. These exemptions apply only to the extent that the information in 
this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or 
(k). Where compliance would not appear to interfere with or adversely 
affect the purposes of the system, or the overall law enforcement/
intelligence process, the applicable exemption (in whole or in part) 
may be waived by the DOJ in its sole discretion.
    A request for access to a record from this system of records must 
be submitted in writing and comply with 28 CFR part 16, and should be 
sent to the Office of Information Policy, 1425 New York Avenue NW., 
Suite 11050, Washington, DC 20530-0001. 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 dated and either notarized or 
submitted under penalty of perjury. While no specific form is required, 
requesters may obtain a form (Form DOJ-361) for use in certification of 
identity 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 from the 
Department's Web site at https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/cert_ind.pdf.

CONTESTING RECORD PROCEDURES:
    The Attorney General has exempted this system of records from the 
notification, access, amendment, and contest procedures of the Privacy 
Act. These exemptions apply only to the extent that the information in 
this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or 
(k). Where compliance would not appear to interfere with or adversely 
affect the purposes of the system, or the overall law enforcement/
intelligence process, the applicable exemption (in whole or in part) 
may be waived by the DOJ in its sole discretion.
    Individuals desiring to contest or amend information maintained in 
the system should direct their requests according to the RECORD ACCESS 
PROCEDURES listed above, stating clearly and concisely what information 
is being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. The envelope and letter should be 
clearly marked ``Privacy Act Amendment Request'' and comply with 28 CFR 
16.46.

NOTIFICATION PROCEDURES:
    Same as the RECORD ACCESS PROCEDURES, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Attorney General has exempted this system of records from 
subsection (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), and 
(3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy 
Act. These exemptions apply only to the extent that information in the 
system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k). 
Rules are being promulgated in accordance with the requirements of 5 
U.S.C. 553(b), (c), and (e) and have been published in this Federal 
Register. In addition, the DOJ will continue in effect and claim all 
exemptions claimed under 5 U.S.C. 552a(j) or (k) (or other applicable 
authority) by an originating agency from which the DOJ obtains records, 
where one or more reasons underlying an original exemption claim remain 
valid. Where compliance with an exempted provision does not appear to 
interfere with or adversely affect interests of the United States or 
other stakeholders, the DOJ in its sole discretion may waive an 
exemption in whole or in part; exercise of the discretionary waiver 
prerogative in a particular matter shall not create any entitlement to 
or expectation of waiver in that matter or any other matter. As a 
condition of discretionary waiver, the DOJ in its sole discretion may 
impose any restrictions deemed advisable by the DOJ (including, but not 
limited to, restrictions on the location, manner, or scope of notice, 
access or amendment).

 HISTORY:
    None.

[FR Doc. 2017-11445 Filed 6-2-17; 8:45 am]
 BILLING CODE 4410-NW-P



                                                    25812                           Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

                                                    Criminal Justice Information Services                     2. The Title of the Form/Collection:                 SUMMARY:    Pursuant to the Privacy Act of
                                                    Division will be submitting the                         Friction Ridge Cards: Arrest and                       1974 and Office of Management and
                                                    following information collection request                Institution; Applicant; Personal                       Budget (OMB) Circular No. A–108,
                                                    to the Office of Management and Budget                  Identification; FBI Standard Palm Print;               notice is hereby given that the
                                                    (OMB) for review and approval in                        Supplemental Finger and Palm Print.                    Department of Justice (Department or
                                                    accordance with the Paperwork                             3. The agency form number, if any,                   DOJ) proposes to add a new DOJ system
                                                    Reduction Act of 1995.                                  and the applicable component of the                    of records titled, ‘‘DOJ Insider Threat
                                                    DATES: Comments are encouraged and                      Department sponsoring the collection:                  Program Records (ITPR),’’ JUSTICE/
                                                    will be accepted for 60 days until                      Agency form number: Forms FD–249                       DOJ–018. In the Federal Register of May
                                                    August 4, 2017.                                         (Arrest and Institution), FD–258                       31, 2017, the Department is rescinding
                                                                                                            (Applicant), and FD–353 (Personal                      its notice of an FBI system of records
                                                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                            Identification); FD–884 (FBI Standard                  notice titled ‘‘FBI Insider Threat
                                                    you have additional comments
                                                                                                            Palm Print); FD–884a (Supplemental                     Program Records,’’ JUSTICE/FBI–023,
                                                    especially on the estimated public
                                                                                                            Finger and Palm Print) encompassed                     published on September 19, 2016. This
                                                    burden or associated response time,
                                                                                                            under OMB 1110–0046; CJIS Division,                    new DOJ-wide system of records will
                                                    suggestions, or need a copy of the
                                                                                                            FBI, DOJ.                                              cover the records previously claimed
                                                    proposed information collection                                                                                under JUSTICE/FBI–023. This new
                                                    instrument with instructions or                           4. Affected public who will be asked
                                                                                                            or required to respond, as well as a brief             system of records establishes certain
                                                    additional information, please contact                                                                         Department-wide capabilities to detect,
                                                    Gerry Lynn Brovey, Supervisory                          abstract: Primary: City, county, state,
                                                                                                            federal and tribal law enforcement                     deter, and mitigate insider threats.
                                                    Information Liaison Specialist, FBI,                                                                           Insiders are defined to include any
                                                    CJIS, Resources Management Section,                     agencies; civil entities requesting
                                                                                                            security clearance and background                      person with authorized access to any
                                                    Administrative Unit, Module C–2, 1000                                                                          United States Government resource to
                                                    Custer Hollow Road, Clarksburg, West                    checks. This collection is needed to
                                                                                                            collect information on individuals                     include personnel, facilities,
                                                    Virginia, 26306 (facsimile: 304–625–                                                                           information, equipment, networks, or
                                                    5093). Written comments and/or                          requesting background checks, security
                                                                                                            clearance, or those individuals who                    systems. DOJ personnel assigned to the
                                                    suggestions can also be directed to the                                                                        DOJ Insider Threat Prevention and
                                                    Office of Management and Budget,                        have been arrested for or accused of
                                                                                                            criminal activities. Acceptable data is                Detection Program (ITPDP) will use the
                                                    Office of Information and Regulatory                                                                           system to facilitate management of
                                                    Affairs, Attention Department of Justice                stored as part of the Next Generation
                                                                                                            Identification System (NGI) of the FBI.                insider threat inquiries and activities
                                                    Desk Officer, Washington, DC 20530 or                                                                          associated with inquiries and referrals,
                                                    sent to OIRA_submissions@                                 5. An estimate of the total number of
                                                                                                            respondents and the amount of time                     identify potential threats to DOJ
                                                    omb.eop.gov.                                                                                                   resources and information assets, track
                                                                                                            estimated for an average respondent to
                                                    SUPPLEMENTARY INFORMATION:       Written                respond: It is estimated that 78,479                   referrals of potential insider threats to
                                                    comments and suggestions from the                       respondents will complete each form                    internal and external partners, and
                                                    public and affected agencies concerning                 within approximately 10 minutes.                       provide statistical reports and meet
                                                    the proposed collection of information                    6. An estimate of the total public                   other insider threat reporting
                                                    are encouraged. Your comments should                    burden (in hours) associated with the                  requirements. Elsewhere in this Federal
                                                    address one or more of the following                    collection: There are an estimated 14.6                Register, DOJ is concurrently issuing a
                                                    four points:                                            million total annual burden hours                      Notice of Proposed Rulemaking to
                                                    —Evaluate whether the proposed                          associated with this collection.                       exempt JUSTICE/DOJ–018 from certain
                                                    collection of information is necessary                    If additional information is required                provisions of the Privacy Act, and
                                                    for the proper performance of the                       contact: Melody D. Braswell,                           withdrawing the notice of proposed
                                                    functions of the Bureau of Justice                      Department Clearance Officer, United                   rulemaking regarding for JUSTICE/FBI–
                                                    Statistics, including whether the                       States Department of Justice, Justice                  023, issued in CPCLO Order No. 008–
                                                    information will have practical utility;                Management Division, Policy and                        2016.
                                                    —Evaluate the accuracy of the agency’s                  Planning Staff, Two Constitution                       DATES: In accordance with 5 U.S.C.
                                                    estimate of the burden of the proposed                  Square, 145 N Street NE., 3E.405B,                     552a(e)(4) and (11), this notice is
                                                    collection of information, including the                Washington, DC 20530.                                  effective upon publication, subject to a
                                                    validity of the methodology and                           Dated: May 31, 2017.                                 30-day period in which to comment on
                                                    assumptions used;                                       Melody D. Braswell,
                                                                                                                                                                   the routine uses, described below.
                                                    —Evaluate whether and if so how the                                                                            Please submit any comments by July 5,
                                                                                                            Department Clearance Officer for PRA, U.S.
                                                    quality, utility, and clarity of the                    Department of Justice.
                                                                                                                                                                   2017.
                                                    information to be collected can be                                                                             ADDRESSES: The public, OMB, and
                                                                                                            [FR Doc. 2017–11518 Filed 6–2–17; 8:45 am]
                                                    enhanced; and                                                                                                  Congress are invited to submit any
                                                                                                            BILLING CODE 4410–02–P
                                                    —Minimize the burden of the collection                                                                         comments to the U.S. Department of
                                                    of information on those who are to                                                                             Justice, ATTN: Privacy Analyst, Office
                                                    respond, including through the use of                   DEPARTMENT OF JUSTICE                                  of Privacy and Civil Liberties, National
                                                    appropriate automated, electronic,                                                                             Place Building, 1331 Pennsylvania
                                                    mechanical, or other technological                      [CPCLO Order No. 001–2017]                             Avenue NW., Suite 1000, Washington,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    collection techniques or other forms of                                                                        DC 20530–0001, by facsimile at 202–
                                                    information technology, e.g., permitting                Privacy Act of 1974; System of                         307–0693, or email at
                                                    electronic submission of responses.                     Records                                                privacy.compliance@usdoj.gov. To
                                                      Overview of this information                          AGENCY:  United States Department of                   ensure proper handling, please
                                                    collection:                                             Justice.                                               reference the above CPCLO Order No. in
                                                      1. Type of Information Collection:                                                                           your correspondence.
                                                                                                            ACTION: Notice of a New System of
                                                    Extension of a currently approved                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                            Records.
                                                    collection.                                                                                                    Laurence Reed, DOJ Insider Threat


                                               VerDate Sep<11>2014   17:31 Jun 02, 2017   Jkt 241001   PO 00000   Frm 00058   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                                                                    Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices                                              25813

                                                    Program Manager, United States                            Dated: May 19, 2017.                                 National Insider Threat Policy and
                                                    Department of Justice, Insider Threat                   Peter A. Winn,                                         Minimum Standards for Executive
                                                    Prevention and Detection Program, 145                   Acting Chief Privacy and Civil Liberties               Branch Insider Threat Programs (Nov.
                                                    N Street NE., Washington, DC 20002,                     Officer, United States Department of Justice.          21, 2012).
                                                    202–357–0165, itp@usdoj.gov.                                                                                      DOJ Order 901, Insider Threat (Feb.
                                                                                                            JUSTICE/DOJ–001
                                                    SUPPLEMENTARY INFORMATION:      The DOJ                                                                        12, 2014), also directs the head of each
                                                    has created a system of records, known                  SYSTEM NAME AND NUMBER:
                                                                                                                                                                   Department Component to implement
                                                    as the DOJ Insider Threat Program                          DOJ Insider Threat Program Records                  DOJ policy and minimum standards
                                                    Records (ITPR), to manage insider threat                (ITPR), JUSTICE/DOJ–001.                               issued pursuant to this policy and in
                                                    matters within the DOJ. Executive Order                 SYSTEM CLASSIFICATION:                                 coordination with the DOJ ITPDP and
                                                    (E.O.) 13587, Structural Reforms to                                                                            ‘‘[p]romulgate additional Component
                                                    Improve the Security of Classified                        This system includes both Classified
                                                                                                            and Unclassified information.                          guidance, if needed, to reflect unique
                                                    Networks and the Responsible Sharing                                                                           mission requirements consistent with
                                                    and Safeguarding of Classified                          SYSTEM LOCATION:                                       meeting the minimum standards and
                                                    Information, issued October 7, 2011,                       Records may be maintained at all                    guidance issued pursuant to this
                                                    requires Federal agencies to establish an               locations at which the Department of                   policy.’’
                                                    insider threat detection and prevention                 Justice (DOJ) operates or at which DOJ
                                                    program to ensure the security of                       operations are supported, including:                   PURPOSE(S) OF THE SYSTEM:
                                                    Classified networks and the responsible                 Robert F. Kennedy Main Justice
                                                    sharing and safeguarding of Classified                  Department Building, 950 Pennsylvania                    This system of records is used by DOJ
                                                    information, consistent with appropriate                Avenue NW., Washington, DC 20530–                      employees and contractors to monitor,
                                                    protections for privacy and civil                       0001; Federal Bureau of Investigation J.               detect, deter, and/or mitigate DOJ
                                                    liberties. This system of records has                   Edgar Hoover Building, 935                             insider threats. The DOJ has established
                                                    been established to enable the DOJ to                   Pennsylvania Avenue NW., Washington,                   the DOJ ITPDP and this system of
                                                    implement the requirements of E.O.                      DC 20535–0001; Bureau of Alcohol,                      records in order to implement the
                                                    13587, to meet operating capability                     Tobacco, Firearms and Explosives, 99                   requirements of E.O. 13587, Structural
                                                    requirements as defined by the National                 New York Avenue NE., Washington, DC                    Reforms to Improve the Security of
                                                    Insider Threat Policy and Minimum                       20226; and other DOJ components, field                 Classified Networks and the Responsible
                                                    Standards for Executive Branch Insider                  offices, information technology centers,               Sharing and Safeguarding of Classified
                                                    Threat Programs (Nov. 21, 2012), and to                 and other locations as listed on the DOJ               Information (Oct. 7, 2011), and the
                                                    fulfill responsibilities under DOJ Order                and DOJ components’ Internet Web                       National Insider Threat Policy and
                                                    0901, Insider Threat (Feb. 12, 2014). For               sites, including https://www.justice.gov.              Minimum Standards for Executive
                                                    an overview of the Privacy Act, see:                    Some or all system information may                     Branch Insider Threat Programs (Nov.
                                                    https://www.justice.gov/opcl/privacy-                   also be duplicated at other locations                  21, 2012). These authorities require
                                                    act-1974.                                               where the DOJ has granted direct access                agencies with access to Classified
                                                       The Presidential Memorandum—                         for support of DOJ missions, for                       information to establish certain
                                                    National Insider Threat Policy and                      purposes of system backup, emergency                   capabilities for detecting, deterring,
                                                    Minimum Standards for Executive                         preparedness, and/or continuity of                     and/or mitigating insider threats,
                                                    Branch Insider Threat Programs (Nov.                    operations.                                            including: Accessing, gathering,
                                                    21, 2012)—states that an insider threat                                                                        integrating, assessing, and sharing
                                                                                                            SYSTEM MANAGER AND ADDRESS:
                                                    is the threat that any person with
                                                                                                              DOJ Insider Threat Program Manager,                  information and data derived from
                                                    authorized access to any United States
                                                                                                            United States Department of Justice,                   offices across the organization for
                                                    Government resource, to include
                                                    personnel, facilities, information,                     Insider Threat Prevention and Detection                centralized analysis, reporting, and
                                                    equipment, networks or systems, will                    Program, 145 N Street NE., Washington,                 response; monitoring user activity on
                                                    use her/his authorized access, wittingly                DC 20002, 202–357–0165, itp@                           classified computer networks controlled
                                                    or unwittingly, to do harm to the                       usdoj.gov.                                             by the Federal Government; evaluating
                                                    security of the United States. This threat                                                                     personnel security information; and
                                                                                                            AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                    can include damage to the United States                                                                        establishing procedures for insider
                                                                                                              E.O. 12968, Access to Classified                     threat response actions, such as
                                                    through espionage, terrorism,
                                                                                                            Information, issued August 2, 1995, 60                 inquiries to clarify or resolve insider
                                                    unauthorized disclosure of national
                                                                                                            FR 40245 (Aug. 7, 1995), as amended by                 threat matters.
                                                    security information, or through the loss
                                                                                                            E.O. 13467, Reforming Processes
                                                    or degradation of departmental
                                                                                                            Related to Suitability for Government                  CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                    resources or capabilities.
                                                                                                            Employment, Fitness for Contractor                     SYSTEM:
                                                       The DOJ ITPR may include                             Employees, and Eligibility for Access to
                                                    information lawfully obtained by the                    Classified National Security                             The categories of individuals covered
                                                    DOJ from any United States Government                   Information, issued June 30, 2008, 73                  by this system are DOJ insiders, defined
                                                    component, from other domestic or                       FR 38103 (July 2, 2008); E.O. 13526,                   as any person with authorized access to
                                                    foreign government entities, or from                                                                           any DOJ resource to include personnel,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            Classified National Security
                                                    private entities, which is necessary to                 Information, issued December 29, 2009,                 facilities, information, equipment,
                                                    identify, analyze, or resolve insider                   75 FR 707 (Jan. 5, 2010); E.O. 13587,                  networks or systems. Such persons
                                                    threat matters.                                         Structural Reforms to Improve the                      include but are not limited to present
                                                       In accordance with the Privacy Act                   Security of Classified Networks and the                and former DOJ employees, members of
                                                    requirements of 5 U.S.C. 552a(r), the                   Responsible Sharing and Safeguarding                   joint task forces under the purview of
                                                    Department of Justice has provided a                    of Classified Information, issued                      the DOJ, contractors, detailees,
                                                    report to OMB and to Congress on this                   October 7, 2011, 76 FR 63811 (Oct. 13,                 assignees, interns, visitors, and guests.
                                                    new system of records.                                  2011); and Presidential Memorandum,


                                               VerDate Sep<11>2014   17:31 Jun 02, 2017   Jkt 241001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                                    25814                           Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

                                                    CATEGORIES OF RECORDS IN THE SYSTEM:                    government entities, or obtained from                     G. Courts or Adjudicative Bodies. To
                                                       An insider threat is defined as the                  private entities.                                      a court, grand jury, or administrative or
                                                    threat that any person with authorized                                                                         adjudicative body, in matters in which
                                                    access to any DOJ resource, to include                  ROUTINE USES OF RECORDS MAINTAINED IN THE              (a) the DOJ or any DOJ employee in his
                                                                                                            SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                    personnel, facilities, information,                                                                            or her official capacity, (b) any DOJ
                                                                                                            THE PURPOSES OF SUCH USES:
                                                    equipment, networks or systems, will                                                                           employee in his or her individual
                                                    use his/her authorized access, wittingly                   In addition to those disclosures                    capacity where the Department of
                                                    or unwittingly, to do harm to the                       generally permitted under 5 U.S.C.                     Justice has agreed to represent the
                                                    security of the United States. This threat              552a(b), all or a portion of the records               employee, or (c) the United States, is or
                                                    can include damage to the United States                 or information contained in this system                could be a party to the litigation, is
                                                    through espionage, terrorism,                           of records may be disclosed as a routine               likely to be affected by the litigation, or
                                                    unauthorized disclosure of national                     use pursuant to 5 U.S.C. 552a(b)(3)                    has an official interest in the litigation,
                                                    security information, or through the loss               under the circumstances or for the                     and disclosure of system records has
                                                    or degradation of DOJ resources or                      purposes described below, to the extent                been determined by the DOJ to be
                                                    capabilities. See Presidential                          such disclosures are compatible with                   arguably relevant, or by the adjudicator
                                                    Memorandum, National Insider Threat                     the purposes for which the information                 to be relevant, to the litigation. Similar
                                                    Policy and Minimum Standards for                        was collected:                                         disclosures may be made in the
                                                    Executive Branch Insider Threat                            A. To a governmental entity lawfully                situations stated above related to
                                                    Programs (Nov. 21, 2012). The                           engaged in collecting law enforcement,                 assistance provided to the Federal
                                                    Minimum Standards state that Agency                     law enforcement intelligence, or                       Government by non-DOJ employees (see
                                                    heads shall direct Counterintelligence,                 national security intelligence                         Routine Use J).
                                                    Security, Information Assurance,                        information for such purposes when                        H. Parties. To an actual or potential
                                                    Human Resources, and other relevant                     determined to be relevant by the DOJ.                  party to litigation or his or her attorney
                                                    organizational components to securely                      B. To any person, organization, or                  or authorized representative for the
                                                    provide insider threat program                          governmental entity in order to notify                 purpose of negotiating or discussing
                                                    personnel regular, timely, and, if                      them of a potential terrorist threat for               such matters as settlement of the case or
                                                    possible, electronic access to the                      the purpose of guarding against or                     matter, plea bargaining, or informal
                                                    information necessary to identify,                      responding to such threat.                             discovery proceedings, in matters in
                                                    analyze, and resolve insider threat                        C. To any entity or individual where                which the DOJ has an official interest
                                                    matters. Such access and information                    there is reason to believe the recipient               and in which the DOJ determines
                                                    includes, but is not limited to, the                    is or could become the target of a                     records in the system to be arguably
                                                    following:                                              particular criminal activity, conspiracy,              relevant.
                                                       A. All relevant counterintelligence                                                                            I. Appropriate Disclosures to the
                                                                                                            or other threat, to the extent the
                                                    and security databases and files,                                                                              Public. To the news media or members
                                                                                                            information is relevant to the protection
                                                    including personnel security files,                                                                            of the general public in furtherance of
                                                                                                            of life, health, or property. Information
                                                    polygraph examination reports, facility                                                                        a legitimate law enforcement or public
                                                                                                            may similarly be disclosed to other
                                                    access records, security violation files,                                                                      safety function as determined by the
                                                                                                            recipients to the extent the information
                                                    travel records, foreign contact reports,                                                                       DOJ (e.g., to assist in locating fugitives;
                                                                                                            is relevant to the protection of life,
                                                    and financial disclosure filings;                                                                              to provide notifications of arrests; to
                                                                                                            health, or property.
                                                       B. All relevant Unclassified and                                                                            provide alerts, assessments, or similar
                                                                                                               D. To any person or entity if necessary             information on potential threats to life,
                                                    Classified network information                          to elicit information or cooperation from
                                                    generated by Information Assurance                                                                             health, or property; or to keep the public
                                                                                                            the recipient for use by the DOJ in the                appropriately informed of other law
                                                    elements, including, but not limited to,                performance of an authorized law
                                                    personnel usernames and aliases, levels                                                                        enforcement or DOJ matters or other
                                                                                                            enforcement, national security, or                     matters of legitimate public interest)
                                                    of network access, audit data,                          intelligence function.
                                                    unauthorized use of removable media,                                                                           where disclosure could not reasonably
                                                                                                               E. Violations of Law, Regulation,                   be expected to constitute an
                                                    print logs, and other data needed for                   Rule, Order, or Contract. If any system
                                                    clarification or resolution of an insider                                                                      unwarranted invasion of personal
                                                                                                            record, alone, or in conjunction with                  privacy. (The availability of information
                                                    threat concern; and                                     other information, indicates a violation
                                                       C. All relevant Human Resources                                                                             in pending criminal or civil cases will
                                                                                                            or potential violation of law (whether                 be governed by the provisions of 28 CFR
                                                    databases and files including, but not
                                                                                                            civil or criminal), regulation, rule, order,           50.2.)
                                                    limited to, personnel files, payroll and
                                                                                                            or contract, the pertinent record may be                  J. Non-DOJ Employees. To
                                                    voucher files, outside work and
                                                                                                            disclosed to the appropriate entity                    contractors, grantees, experts,
                                                    activities requests, disciplinary files,
                                                                                                            (whether federal, state, local, joint,                 consultants, students, or others
                                                    and personal contact records, as may be
                                                                                                            tribal, foreign, or international) that is             performing or working on a contract,
                                                    necessary for resolving or clarifying
                                                                                                            charged with the responsibility of                     service, grant, cooperative agreement, or
                                                    insider threat matters.
                                                       Records in the ITPR system consist of                investigating, prosecuting,                            other assignment for the Federal
                                                    information necessary to identify,                      implementing and/or enforcing such                     Government, when necessary to
                                                    analyze, or resolve insider threat                      law, regulation, rule, order, or contract.             accomplish an agency function related
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    matters, including the information listed                  F. Complainants and Victims. To                     to this system of records.
                                                    above or information derived from such                  complainants and/or victims to the                        K. To designated officers and
                                                    information.                                            extent necessary to provide such                       employees of state, local (including the
                                                                                                            persons with information and                           District of Columbia), territorial, or
                                                    RECORD SOURCE CATEGORIES:                               explanations concerning the progress                   tribal law enforcement or detention
                                                      Information may be provided by                        and/or results of the investigations or                agencies in connection with the hiring
                                                    individuals covered by this system, the                 cases arising from the matters of which                or continued employment of an
                                                    DOJ or other United States Government                   they complained and/or of which they                   employee or contractor, where the
                                                    components, other domestic and foreign                  were victims.                                          employee or contractor would occupy or


                                               VerDate Sep<11>2014   17:31 Jun 02, 2017   Jkt 241001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                                                                    Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices                                              25815

                                                    occupies a position of public trust as a                professional licensing authority, in                   continuity of government functions in
                                                    law enforcement officer or detention                    accordance with applicable DOJ                         the event of any actual or potential
                                                    officer having direct contact with the                  regulations; or facilitating                           disruption of normal government
                                                    public or with prisoners or detainees, to               communications with a former                           operations. This use encompasses all
                                                    the extent that the information is                      employee that may be necessary for                     manner of such situations in which
                                                    relevant to the recipient agency’s                      personnel-related or other official                    government operations may be
                                                    decision.                                               purposes where the DOJ requires                        disrupted, including: Military, terrorist,
                                                       L. To appropriate officials and                      information and/or consultation                        cyber, or other attacks, natural or
                                                    employees of a Federal agency or entity                 assistance from the former employee                    manmade disasters, and other national
                                                    that requires information relevant to a                 regarding a matter within that person’s                or local emergencies; inclement weather
                                                    decision concerning the hiring,                         former area of responsibility. (Such                   and other acts of nature; infrastructure/
                                                    appointment, or retention of an                         disclosures will be effected under                     utility outages; failures, renovations, or
                                                    employee; the assignment, detail, or                    procedures established in 28 CFR                       maintenance of buildings or building
                                                    deployment of an employee; the                          16.300–301 and DOJ Order 2710.8C,                      systems; problems arising from
                                                    issuance, renewal, suspension, or                       including any future revisions.)                       planning, testing or other development
                                                    revocation of a security clearance; the                    O. To federal, state, local, tribal,                efforts; and other operational
                                                    execution of a security or suitability                  territorial, foreign, or international                 interruptions. This also includes all
                                                    investigation; the letting of a contract; or            licensing agencies or associations when                related pre-event planning, preparation,
                                                    the issuance of a grant or benefit.                     the DOJ determines the information is                  backup/redundancy, training and
                                                       M. The White House. To the White                     relevant to the suitability or eligibility of          exercises, and post-event operations,
                                                    House (the President, Vice President,                   an individual for a license or permit.                 mitigation, and recovery.
                                                    their staffs, and other entities of the                    P. Members of Congress. To a Member                    U. To an agency of a foreign
                                                    Executive Office of the President (EOP)),               of Congress or a person on his or her                  government or international agency or
                                                    and, during Presidential transitions, the               staff acting on the Member’s behalf                    entity where the DOJ determines that
                                                    President-Elect and Vice-President-Elect                when the Member or staff requests the                  the information is relevant to the
                                                    and their designees for appointment,                    information on behalf of, and at the                   recipient’s responsibilities,
                                                    employment, security, and access                        request of, the individual who is the                  dissemination serves the best interests
                                                    purposes compatible with the purposes                   subject of the record.                                 of the United States Government, and
                                                    for which the records were collected by                    Q. National Archives and Records
                                                                                                                                                                   where the purpose in making the
                                                    the DOJ, e.g., disclosure of information                Administration (NARA) Records
                                                                                                                                                                   disclosure is compatible with the
                                                    to assist the White House in making a                   Management. To the National Archives
                                                                                                                                                                   purpose for which the information was
                                                    determination whether an individual                     and Records Administration (NARA) for
                                                                                                                                                                   collected.
                                                    should be: (1) Granted, denied, or                      purposes of records management
                                                                                                                                                                      V. Auditors. To any agency,
                                                    permitted to continue in employment                     inspections and such other purposes
                                                                                                                                                                   organization, or individual for the
                                                    on the White House Staff; (2) given a                   conducted under the authority of 44
                                                                                                                                                                   purposes of performing authorized audit
                                                    Presidential appointment or Presidential                U.S.C. 2904 and 2906.
                                                                                                               R. To appropriate agencies, entities,               or oversight operations of the DOJ and
                                                    recognition; (3) provided access, or                                                                           meeting related reporting requirements.
                                                    continued access, to classified or                      and persons when (1) DOJ suspects or
                                                                                                                                                                      W. As Mandated by Law. To such
                                                    sensitive information; or (4) permitted                 has confirmed that there has been a
                                                                                                                                                                   recipients and under such
                                                    access, or continued access, to                         breach of the system of records; (2) DOJ
                                                                                                                                                                   circumstances and procedures as are
                                                    personnel or facilities of the White                    has determined that as a result of the
                                                                                                                                                                   mandated by Federal statute, treaty, or
                                                    House/EOP complex. System records                       suspected or confirmed breach there is
                                                                                                                                                                   other source of applicable law.
                                                    may be disclosed also to the White                      a risk of harm to individuals, DOJ
                                                    House and, during Presidential                          (including its information systems,                    POLICIES AND PRACTICES FOR STORAGE OF
                                                    transitions, to the President-Elect and                 programs, and operations), the Federal                 RECORDS:
                                                    Vice-President-Elect and their                          Government, or national security; and                    Records in this system are stored on
                                                    designees, for Executive Branch                         (3) the disclosure made to such                        paper and/or in electronic form.
                                                    coordination of activities that relate to               agencies, entities, and persons is                     Electronic records are stored in
                                                    or have an effect upon the carrying out                 reasonably necessary to assist in                      enterprise information technology
                                                    of the constitutional, statutory, or other              connection with DOJ’s efforts to respond               platforms and networks, databases and/
                                                    official or ceremonial duties of the                    to the suspected or confirmed breach or                or on hard disks, removable storage
                                                    President, President-Elect, Vice-                       to prevent, minimize, or remedy such                   devices, or other electronic media.
                                                    President or Vice-President-Elect.                      harm.                                                  Paper records may be stored in
                                                    System records or information may also                     S. To another Federal agency or                     individual file folders and file cabinets
                                                    be disclosed during a Presidential                      Federal entity, when DOJ determines                    with controlled access, or other
                                                    campaign to a major-party Presidential                  that information from this system of                   appropriate GSA-approved security
                                                    candidate, including the candidate’s                    records is reasonably necessary to assist              containers. Classified information is
                                                    designees, to the extent the disclosure is              the recipient agency or entity in (1)                  stored in accordance with applicable
                                                    reasonably related to a clearance request               responding to a suspected or confirmed                 legal, administrative, and other
                                                    submitted by the candidate for the                      breach or (2) preventing, minimizing, or               requirements.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    candidate’s transition team members                     remedying the risk of harm to
                                                    pursuant to Section 7601 of the                         individuals, the recipient agency or                   POLICIES AND PRACTICES FOR RETRIEVAL OF
                                                    Intelligence Reform and Terrorism                       entity (including its information                      RECORDS:
                                                    Prevention Act of 2004, as amended.                     systems, programs, and operations), the                  Information in this system may be
                                                       N. Former Employees. To a former                     Federal Government, or national                        retrieved by an individual’s name, user
                                                    employee of the Department for                          security, resulting from a suspected or                ID, email address, Social Security
                                                    purposes of: Responding to an official                  confirmed breach.                                      number, unique employee identifier, as
                                                    inquiry by a federal, state, local, tribal,                T. To such agencies, entities, or                   well as by use of key word search terms,
                                                    or territorial government entity or                     persons as is necessary to ensure the                  including the names of persons with


                                               VerDate Sep<11>2014   17:31 Jun 02, 2017   Jkt 241001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                                    25816                           Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

                                                    whom covered individuals have                           extent that the information in this                    NOTIFICATION PROCEDURES:
                                                    interacted or to whom they have been                    system is subject to exemption pursuant                  Same as the RECORD ACCESS
                                                    linked.                                                 to 5 U.S.C. 552a(j) or (k). Where                      PROCEDURES,  above.
                                                                                                            compliance would not appear to
                                                    POLICIES AND PRACTICES FOR RETENTION AND                                                                       EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                    DISPOSAL OF RECORDS:
                                                                                                            interfere with or adversely affect the
                                                                                                            purposes of the system, or the overall                    The Attorney General has exempted
                                                       Records in this system are maintained                law enforcement/intelligence process,                  this system of records from subsection
                                                    and destroyed in accordance with                        the applicable exemption (in whole or                  (c)(3) and (4); (d)(1), (2), (3) and (4);
                                                    applicable schedules and procedures                                                                            (e)(1), (2), and (3); (e)(4)(G), (H) and (I);
                                                                                                            in part) may be waived by the DOJ in
                                                    issued or approved by NARA.                                                                                    (e)(5) and (8); (f) and (g) of the Privacy
                                                                                                            its sole discretion.
                                                                                                                                                                   Act. These exemptions apply only to the
                                                    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL                    A request for access to a record from
                                                    SAFEGUARDS:
                                                                                                                                                                   extent that information in the system is
                                                                                                            this system of records must be                         subject to exemption pursuant to 5
                                                       Records are maintained in secure,                    submitted in writing and comply with                   U.S.C. 552a(j) or (k). Rules are being
                                                    restricted areas and are accessed only by               28 CFR part 16, and should be sent to                  promulgated in accordance with the
                                                    personnel who have a need for the                       the Office of Information Policy, 1425                 requirements of 5 U.S.C. 553(b), (c), and
                                                    records in the performance of their                     New York Avenue NW., Suite 11050,                      (e) and have been published in this
                                                    duties and have been authorized to                      Washington, DC 20530–0001. The                         Federal Register. In addition, the DOJ
                                                    access them. Physical security                          envelope and letter should be clearly                  will continue in effect and claim all
                                                    protections include guarded and locked                  marked ‘‘Privacy Act Access Request.’’                 exemptions claimed under 5 U.S.C.
                                                    facilities requiring badges and                         The request should include a general                   552a(j) or (k) (or other applicable
                                                    passwords for access and other physical                 description of the records sought, and                 authority) by an originating agency from
                                                    and technological safeguards (such as                   must include the requester’s full name,                which the DOJ obtains records, where
                                                    role-based access and strong passwords)                 current address, and date and place of                 one or more reasons underlying an
                                                    to prevent unauthorized access. All                     birth. The request must be signed and                  original exemption claim remain valid.
                                                    visitors must be accompanied by                         dated and either notarized or submitted                Where compliance with an exempted
                                                    authorized staff personnel at all times.                under penalty of perjury. While no                     provision does not appear to interfere
                                                    Highly Classified or sensitive                          specific form is required, requesters may              with or adversely affect interests of the
                                                    information is electronically transmitted               obtain a form (Form DOJ–361) for use in                United States or other stakeholders, the
                                                    on secure lines and in encrypted form                                                                          DOJ in its sole discretion may waive an
                                                                                                            certification of identity from the FOIA/
                                                    to prevent interception and                                                                                    exemption in whole or in part; exercise
                                                                                                            Privacy Act Mail Referral Unit, Justice
                                                    interpretation. Users accessing system                                                                         of the discretionary waiver prerogative
                                                                                                            Management Division, United States
                                                    components through mobile or portable                                                                          in a particular matter shall not create
                                                                                                            Department of Justice, 950 Pennsylvania
                                                    computers or electronic devices such as                                                                        any entitlement to or expectation of
                                                                                                            Avenue NW., Washington, DC 20530–
                                                    laptop computers, multi-purpose cell                                                                           waiver in that matter or any other
                                                    phones, and personal digital assistants                 0001, or from the Department’s Web site
                                                                                                            at https://www.justice.gov/sites/default/              matter. As a condition of discretionary
                                                    (PDAs) must comply with the DOJ’s                                                                              waiver, the DOJ in its sole discretion
                                                    remote access policy, which requires                    files/oip/legacy/2014/07/23/cert_
                                                                                                            ind.pdf.                                               may impose any restrictions deemed
                                                    encryption. All DOJ employees receive                                                                          advisable by the DOJ (including, but not
                                                    a complete background investigation                                                                            limited to, restrictions on the location,
                                                                                                            CONTESTING RECORD PROCEDURES:
                                                    prior to being hired. Other persons with                                                                       manner, or scope of notice, access or
                                                    authorized access to system records                        The Attorney General has exempted                   amendment).
                                                    receive comparable vetting. All                         this system of records from the
                                                    personnel are required to undergo                       notification, access, amendment, and                   HISTORY:
                                                    privacy and annual information security                 contest procedures of the Privacy Act.                   None.
                                                    training, and are cautioned about                       These exemptions apply only to the                     [FR Doc. 2017–11445 Filed 6–2–17; 8:45 am]
                                                    divulging confidential information or                   extent that the information in this                    BILLING CODE 4410–NW–P
                                                    any information contained in DOJ files.                 system is subject to exemption pursuant
                                                    Failure to abide by this provision                      to 5 U.S.C. 552a(j) or (k). Where
                                                    violates DOJ regulations and may violate                compliance would not appear to                         DEPARTMENT OF JUSTICE
                                                    certain civil and criminal statutes                     interfere with or adversely affect the
                                                    providing for penalties of fine or                      purposes of the system, or the overall                 U.S. Marshals Service
                                                    imprisonment or both. As a condition of                 law enforcement/intelligence process,                  [OMB Number 1105–NEW]
                                                    employment, DOJ personnel also sign                     the applicable exemption (in whole or
                                                    nondisclosure agreements which                          in part) may be waived by the DOJ in                   Agency Information Collection
                                                    encompass, as appropriate, Classified                   its sole discretion.                                   Activities; Proposed eCollection
                                                    and Unclassified information and                                                                               eComments Requested; Proposed
                                                    remain in force even after DOJ                             Individuals desiring to contest or
                                                                                                            amend information maintained in the                    Collection; Comments Requested:
                                                    employment. Employees who resign or                                                                            Form USM–164, Applicant Reference
                                                    retire are also cautioned about divulging               system should direct their requests
                                                                                                            according to the RECORD ACCESS                         Check Questionnaire
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    information acquired in their DOJ
                                                    capacity.                                               PROCEDURES listed above, stating clearly               AGENCY:  U.S. Marshals Service,
                                                                                                            and concisely what information is being                Department of Justice.
                                                    RECORD ACCESS PROCEDURES:                               contested, the reasons for contesting it,              ACTION: 60-day notice.
                                                      The Attorney General has exempted                     and the proposed amendment to the
                                                    this system of records from the                         information sought. The envelope and                   SUMMARY:   The Department of Justice
                                                    notification, access, amendment, and                    letter should be clearly marked ‘‘Privacy              (DOJ), U.S. Marshals Service (USMS),
                                                    contest procedures of the Privacy Act.                  Act Amendment Request’’ and comply                     will submit the following information
                                                    These exemptions apply only to the                      with 28 CFR 16.46.                                     collection request to the Office of


                                               VerDate Sep<11>2014   18:39 Jun 02, 2017   Jkt 241001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1



Document Created: 2018-11-14 10:00:53
Document Modified: 2018-11-14 10:00:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a New System of Records.
DatesIn 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. Please submit any comments by July 5, 2017.
ContactLaurence Reed, DOJ Insider Threat Program Manager, United States Department of Justice, Insider Threat Prevention and Detection Program, 145 N Street NE., Washington, DC 20002, 202-357-0165, [email protected]
FR Citation82 FR 25812 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR