SUPPLEMENTARY INFORMATION:

The U.S. Department of Justice Learning Management and Training system of records supports DOJ efforts related to Executive Order 13111, the President's Management Agenda (PMA)—Strategic Management of Human Capital, and the e-Government Human Resources Line of Business—Human Resources Development (HR LOB/HRD). The system is designed to facilitate the delivery and record-keeping of training to DOJ personnel, various DOJ partners, and members of the public.

This system of records captures information identifying individual users and the DOJ-sponsored training they take. This system of records is maintained to provide educational and training programs, including access to commercial and component-specific web-based courseware, management of an online catalog of course offerings, automated training registration and approval processes, online individual development planning, online testing and surveys, tracking of training resources, management of and reporting on training data, and tracking of training completion.

OPM policy requires the collection and reporting of training data for all Federal employees, as outlined in the OPM Guide to Human Resources Reporting (available at www.opm.gov/​policy-data-oversight/​data-analysis-documentation/​data-policy-guidance/​hr-reporting/​ghrr4-4.pdf). In addition, maintaining detailed records about the training offered and ( printed page 56477) the individuals that have participated as instructors, attendees, and/or observers, as well as feedback and satisfaction surveys, is necessary to measure human resource development program effectiveness, as well as respond to Department and Government training records requests and reporting requirements.

Pursuant to 5 U.S.C. 552a(b)(13), records maintained in this system of records may be disclosed to a consumer reporting agency without the prior written consent of the individual to whom the record pertains. Such disclosures will only be made in accordance with 31 U.S.C. 3711(e).

In accordance with 5 U.S.C. 552a(r), the Department has provided a report to OMB and Congress on this new system of records.

JUSTICE/DOJ-023

SYSTEM NAME AND NUMBER:

Department of Justice Learning Management and Training Records, JUSTICE/DOJ-023.

SECURITY CLASSIFICATION:

Classified and unclassified.

SYSTEM LOCATION:

Records may be maintained at all locations where the Department of Justice (DOJ) or its contractors operate, or where DOJ operations are supported, including the Robert F. Kennedy Main Justice Department Building, 950 Pennsylvania Avenue NW, Washington, DC 20530-0001.

Additionally, records may be maintained electronically at one or more DOJ data centers, including, but not limited to, the Department's Core Enterprise Facilities (CEF), the Department's CEF East, in Clarksburg, WV 26306, and CEF West, Pocatello, ID 83201. Records may also be transferred to a DOJ-authorized cloud service provider within the Continental United States.

Access to these electronic records may occur from any location the DOJ operates or other locations where DOJ Office of the Chief Information Officer (OCIO) operations are supported. Some or all of the records in the system may be duplicated at other locations where the Department has granted direct access to support DOJ operations, system backup, emergency preparedness, and/or continuity of operations.

Training records maintained in a former Federal employee's Official Personnel Folder (OPF), which is generally electronic, are located at the National Personnel Records Center, National Archives and Records Administration (NARA).

SYSTEM MANAGER(S):

For all DOJ offices and agencies other than Federal Bureau of Investigation (FBI) and Federal Bureau of Prisons (FBOP): William N. Taylor, II, Deputy Assistant Attorney General, Policy, Management, and Procurement, 950 Pennsylvania Avenue NW, Washington, DC 20530-0001, 202-514-3102.

For the FBI: Virtual Academy System Owner, Unit Chief, Learning Systems Unit, Curriculum Management Section, Training Division, Federal Bureau of Investigation, Quantico, VA 22135, 703-632-1000.

For the FBOP: Chung-Hi Grace, Associate General Counsel, Branch Chief, Office of General Counsel, 320 First Street NW, Washington, DC 20156, 202-307-2804.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 3101; the Government Employees Training Act (GETA), 5 U.S.C. 4101-4118; 5 CFR 410.311 and 410.601; Executive Order 11348, as amended by Executive Order 12107; and DOJ Order 1200.1, Human Resources.

PURPOSE(S) OF THE SYSTEM:

The purpose of this system of records is to capture records necessary to manage DOJ-sponsored training programs. The records in this system of records are maintained to provide educational and training programs, including access to commercial and component-specific web-based courseware, management of online catalogs of course offerings, automated training registration and approval processes, online individual development planning, online testing and surveys, tracking of training resources, management of and reporting on training data, and tracking of training completion.

OPM policy requires the collection and reporting of training data for all Federal employees, as outlined in the OPM Guide to Human Resources Reporting (available at www.opm.gov/​policy-data-oversight/​data-analysis-documentation/​data-policy-guidance/​hr-reporting/​ghrr4-4.pdf). Maintaining detailed records about training offered and the individuals who have participated as instructors, attendees, and/or observers is also necessary to measure human resource development program effectiveness, and to respond to Department and government-wide training information requests or reporting requirements.

Summary data from the system is used to track specific measures outlined in the Department of Justice Human Capital Strategic Plan. Demographic data, such as race and national origin, is collected to meet obligations under EEOC Management Directive 715. User data, such as promotion date and entry on position, is used to identify groups of individuals with specific training requirements and to facilitate assignment of curricula. Mandatory training information is tracked for professional development purposes. Instructor data is collected by the Department to identify instructors, assign them to scheduled offerings, and track instructor utilization. Attendee and observer information is collected to administer satisfaction surveys and to facilitate training logistics and planning functions. Administrator data is collected to identify administrators, track their roles, and review their access to and use of the system containing records in this system of records. The Department employs data minimization practices ( e.g., truncated SSNs, health data relating to accommodations) to further protect Personally Identifiable Information (PII).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Current and former Federal employees as defined in 5 U.S.C. 2105; other DOJ personnel, including contractors, volunteers, interns and grantees; other non-DOJ individuals who attend, participate in, or observe DOJ training, including (but not limited to) military, tribal, state, and local law enforcement, investigators, attorneys, social welfare professionals, inmates, and members of the press and public; training instructors and support staff; possible emergency contacts and/or supervisors whose names are collected from attendees; and individuals affiliated with training business processes in connection with training facilities, conferences, and trainings at or with laboratories, vehicles, and firearms.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system include information pertaining to the training, development, and performance of its learners, instructors, participants, observers, and administrators, including support staff. These records may include:

Personal information ( e.g., name, date of birth, race/ethnicity, national origin, sex, partial Social Security numbers, business and personal contact ( printed page 56478) information, emergency contact information, photographic images of trainees); education information ( e.g., learning history, including dates and locations of institutions or courses attended. date registered, internal and external courses taken or taught, internal and external requests or applications for training); professional development information ( e.g., professional development plans, progress reviews); select personal health information ( e.g., medical accommodation information, fitness for duty measures); employment information ( e.g., current or previous positions held, job title, scale, grade and salary, professional licenses and certifications, work specialty code, performance evaluations and reviews, supervisory information for approvals); course and training data ( e.g., course descriptions, course numbers, dates offered, education credits earned evaluation reports, attendance records, survey results and other feedback); and other information as needed or required for training or learning management. The system also includes administrative and audit data to include user identification credentials, internet protocol (IP) addresses, and access dates and times.

RECORD SOURCE CATEGORIES:

Information in this system of records is obtained from the following sources:

A. The individual about whom the record pertains; training personnel and entities; Department officials; records collected from other federal, state, local, tribal, and territorial agencies and other authorized individuals or entities; personnel records; and other existing systems of records, including but not limited to OPM/GOVT-01, General Personnel Records, DOJ-014, Department of Justice Employee Directory Systems, DOJ/USM-006, United States Marshals Service Training Files, and DOJ/DEA-015, Training Files.

B. DOJ's Global Address List (GAL), National Finance Center, and the U.S. Department of Treasury's HR Connect, which populate user profiles for federal employees and contractors.

C. Information collected directly from non-DOJ individuals by DOJ employees to create accounts in the learning management IT system for the purpose of tracking training and development.

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:

Records may be disclosed for the following purposes:

A. To government training facilities (federal, state, and local) and non-government training entities or facilities ( e.g., private vendors of training courses or programs) for training purposes.

B. To the trained individual's employer or sponsor for the training, and to organizations responsible for tracking or maintaining records of training certifications and compliance.

C. To appropriate federal, state, local, territorial, tribal, or foreign law enforcement authorities, or other appropriate entities, where a record—alone or in conjunction with other information—indicates a violation or potential violation of law (criminal, civil, or regulatory in nature), and that referred entity is charged with investigating, prosecuting, or enforcing or implementing such law.

D. To any person or entity that the Department has reason to believe possesses information regarding a matter within the jurisdiction of the Department, to the extent deemed necessary by the Department to elicit such information or cooperation from the recipient for use in the performance of an authorized activity.

E. To a court, grand jury, or administrative or adjudicative body in any appropriate proceeding where the Department of Justice determines the records are arguably relevant to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding.

F. An actual or potential party to litigation or the party's authorized representative, for purposes of settlement negotiations, plea bargaining, or informal discovery proceedings.

G. The news media and the public, including disclosures pursuant to 28 CFR 50.2, unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

H. Contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the agency, when necessary to accomplish an agency function related to this system of records.

I. Designated officers and employees of state, local, territorial, or tribal law enforcement or detention agencies, in connection with the hiring or continued employment of an employee or contractor who would occupy, or does occupy, a position of public trust as a law enforcement officer or detention officer having direct contact with the public or with prisoners/detainees, to the extent that the information is relevant and necessary to the recipient agency's decision.

J. Appropriate officials and employees of a Federal agency or entity, including the White House, that require information relevant to a decision concerning hiring, appointment, or retention of an employee; assignment, detail, or deployment of an employee; issuance, renewal, suspension, or revocation of a security clearance; execution of a security or suitability investigation; letting of a contract, or the issuance of a grant or benefit.

K. A former employee of the Department, for purposes of: responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, or to facilitate communications with a former employee that may be necessary for personal related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility, in accordance with applicable Department regulations.

L. Federal, state, local, territorial, tribal, foreign, or international licensing agencies or associations that require information concerning an individual's suitability or eligibility for a license or permit.

M. A Member of Congress or staff acting upon the Member's behalf when the request is made on behalf of, and at the request of, the individual who is the subject of the record.

N. The National Archives and Records Administration, for records management inspections conducted under 44 U.S.C. 2904 and 2906.

O. Appropriate agencies, entities, and persons when: (1) the Department suspects or has confirmed that there has been a breach of the system of records; (2) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department's ( printed page 56479) efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

P. Another Federal agency or Federal entity, when the Department determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach, or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

Q. To any agency, organization, or individual, such as the Government Accountability Office, the Department's Office of the Inspector General, or the Office of Special Counsel, for the purpose of performing authorized audit or oversight operations of the Department, including those related to fraud, waste, and abuse, and meeting related reporting requirements.

R. Recipients under circumstances and procedures as mandated by federal statutes or treaties.

S. An organization or individual in either the public or private sector, where there is reason to believe the recipient is or could become the target of a particular criminal activity or conspiracy, to the extent the information is relevant to the protection of life or property.

T. Individuals and organizations, to the extent necessary, to verify their qualifications or eligibility for training.

U. Treasury Department, Alcohol and Tobacco Tax and Trade Bureau employees, when necessary to accomplish a Treasury Department or Department of Justice function related to this system of records.

V. Unions recognized as exclusive bargaining representatives in accordance with provisions contained in the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

All records in this system of records are maintained either in electronic or paper form and are stored in compliance with applicable executive orders, statutes, regulations, and agency implementing recommendations. Electronic records are stored in databases or on hard disks, removable storage devices, or other electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

The Department will retrieve records by any category of records, including name, component, course name, course number, and date registered.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

Records in this system are maintained and disposed of in accordance with all applicable statutory and regulatory requirements, including applicable records schedules issued by the National Archives and Records Administration. After the appropriate retention period, records will be destroyed/deleted in accordance with appropriate media sanitization procedures.

To the extent that records in this system are a part of the OPF, those records are maintained in the OPF for the period of the employee's service in the agency. They are then, if in a paper format, transferred to the National Personnel Records Center for storage or, as appropriate, to the next employing Federal agency. If the OPF is maintained in an electronic format, the transfer and storage are in accordance with the requirements of the electronic system. Other records are either retained at the agency for various lengths of time in accordance with the NARA records schedules or destroyed when they have served their purpose or when the employee leaves the agency.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

This system of records meets all DOJ requirements for authorization to operate per DOJ Order 0904, Cybersecurity Program. Specifically, information in this system is maintained in accordance with applicable laws, rules, and policies on protecting individual privacy. Electronic files and working copies are safeguarded in accordance with DOJ rules and policy governing information systems security and access. The system is protected by physical security methods, administrative processes, and electronic means, including dissemination and access controls. Records and technical equipment are maintained in secure areas with restricted access. Cloud Service Providers maintain system backup information in accordance with a government contract that requires adherence to applicable laws, rules, and policies.

Internet connections are protected by multiple firewalls. Role-based access controls are employed to allocate logical access to a specific job function or area of responsibility. Users of individual DOJ computers can only gain access to that computer by a valid user identification and password or other method of authentication. Security personnel conduct periodic vulnerability scans using DOJ-approved software to ensure security compliance, and security logs are enabled for all computers to assist in troubleshooting and forensics analysis during incident investigations. Additionally, an automated log of queries is maintained on all systems.

RECORD ACCESS PROCEDURES:

All requests for access to records must be in writing and should be addressed to the Justice Management Division, ATTN: FOIA Contact, Department of Justice, Rm. 1111, 950 Pennsylvania Avenue NW, Washington, DC 20530, phone: 202-616-0253, email: JMDFOIA@usdoj.gov. The envelope and letter should be clearly marked “Privacy Act Access Request.” The letter must include the requester's full name, current address, and date of birth. The request must include a general description of the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort. The request must be signed and either notarized or submitted under penalty of perjury.

Although no specific form is required, you may obtain forms for this purpose from the FOIA/Privacy Act Mail Referral Unit, United States Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530, or on the Department of Justice website at www.justice.gov/​oip/​oip-request.html.

More information regarding the Department's procedures for accessing records in accordance with the Privacy Act can be found at 28 CFR part 16 Subpart D, “Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974.”

CONTESTING RECORD PROCEDURES:

Individuals seeking to contest or amend records maintained in this system of records must direct their requests to the address indicated in the “RECORD ACCESS PROCEDURES” paragraph above. All requests to contest or amend records must be in writing, and the envelope and letter should be clearly marked “Privacy Act Amendment Request.” All requests must state clearly and concisely what record is being contested, the reasons for contesting it, and the proposed amendment to the record.

More information regarding the Department's procedures for amending or contesting records in accordance with the Privacy Act can be found at 28 CFR 16.46, “Requests for Amendment or Correction of Records.” ( printed page 56480)

NOTIFICATION PROCEDURES:

Individuals may be notified if a record in this system of records pertains to them when the individuals request information utilizing the same procedures as those identified in the “RECORD ACCESS PROCEDURES” paragraph above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

Individual SORNs pertaining to this system of records have also been published by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), and the U.S. Marshalls Service (USMS) and cover certain training records in their components (ATF-010, Training and Professional Development Record System, 68 FR 3562 (Jan. 24, 2003); DEA-015, Training Files, 52 FR 47217 (Dec. 11, 1987); and USM-006, United States Marshals Service Training Files, 72 FR 33515 (June 18, 2007)).

91 FR 56476