Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 64601 

If additional information is required, 

please contact: Melody Braswell, 

Department Clearance Officer, U.S. 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE, Room 3E.405B, 

Washington, DC 20530. 

Dated: December 11, 2018. 

Melody Braswell, 

Department Clearance Officer for PRA, U.S. 

Department of Justice. 

[FR Doc. 2018–27172 Filed 12–14–18; 8:45 am] 

BILLING CODE 4410–PB–P 

DEPARTMENT OF JUSTICE 

[CPCLO Order No. 007–2018] 

Privacy Act of 1974; System of 

Records 

AGENCY: United States Department of 

Justice, Federal Bureau of Investigation. 

ACTION: Notice of a Modified 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 Federal 

Bureau of Investigation (FBI), a 

component within the United States 

Department of Justice (DOJ), proposes to 

modify a system of records titled ‘‘Law 

Enforcement National Data Exchange’’ 

(N–DEx), JUSTICE/FBI–020, as to which 

notice was last published in the Federal 

Register on October 4, 2007 (Notice). 

The N–DEx System is a scalable 

information-sharing network that 

provides the capability for local, state, 

tribal, territorial, regional, federal, and 

foreign criminal justice agencies to 

make potential linkages between 

criminal justice incidents, 

investigations, arrests, bookings, 

incarcerations, parole and/or probation 

information, and criminal intelligence 

information, in order to help solve, 

deter, and prevent crimes, and, in the 

process, to enhance national security. 

DATES: In accordance with 5 U.S.C. 

552a(e)(4) and (11), this notice is 

applicable upon publication, subject to 

a 30-day period in which to comment 

on the routine uses, described below. 

Please submit any comments by January 

16, 2019. 

ADDRESSES: The public, OMB, and 

Congress are invited to submit any 

comments: by mail to DOJ, Office of 

Privacy and Civil Liberties, ATTN: 

Privacy Analyst, National Place 

Building, 1331 Pennsylvania Ave. NW, 

Suite 1000, Washington, DC 20530– 

0001; by facsimile at 202–307–0693; or 

by email at privacy.compliance@

usdoj.gov. To ensure proper handling, 

please reference the above CPCLO Order 

No. on your correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Bond, Assistant General 

Counsel, Privacy and Civil Liberties 

Unit, Office of the General Counsel, FBI, 

935 Pennsylvania Avenue NW, 

Washington, DC 20535–0001; telephone 

202–324–3000. 

SUPPLEMENTARY INFORMATION: The FBI 

has revised this system of records to 

update the purpose and uses of the 

system, the type of information 

maintained by the system, the sources of 

information, and the retrieval 

capabilities of information from the 

system. 

The FBI is modifying the name of this 

system of records from ‘‘Law 

Enforcement National Data Exchange’’ 

to ‘‘National Data Exchange System’’ 

(N–DEx System). This name change 

reflects a previously implemented FBI 

policy decision to remove ‘‘law 

enforcement’’ from the title of the 

system to reflect more accurately the use 

of the N–DEx System by all criminal 

justice agencies. Similarly, to provide 

greater transparency on the use of the 

system of records, the term ‘‘law 

enforcement’’ within the existing notice 

is being changed to ‘‘criminal justice’’ 

generally. ‘‘Administration of criminal 

justice,’’ as defined by federal 

regulation, encompasses the 

performance of a broader array of 

activities than those performed only by 

sworn law enforcement officers, and 

include probation/parole, correctional 

supervision, prosecution, and 

rehabilitation of accused persons or 

criminal offenders. Criminal justice 

agencies also include courts and 

government agencies performing the 

administration of criminal justice 

functions. See 28 CFR 20.3(b) and (g). 

Despite changes to the system as 

described in this notice, the FBI 

continues to assert, and is not changing 

the Privacy Act exemptions for the 

system promulgated by Final Rule at 73 

FR 9947 (Feb. 25, 2008). As stated in 

that Final Rule, these Privacy Act 

exemptions apply only to the extent that 

information in the system is within the 

scope of 5 U.S.C. 552a(j)(2), and to the 

extent it is, the rationale for asserting 

the exemptions has not changed. 

Although the name of this system of 

records is changing slightly pursuant to 

this Notice, the exemptions as stated in 

73 FR 9947 (Feb. 25, 2008) under the 

prior name of this system continue to 

apply under the new name. When 

changes to the exemptions for this 

system become necessary, FBI will at 

that time indicate as part of the rule 

change that the name of the system has 

changed slightly. 

The FBI is also updating the purpose 

and routine uses of the Notice to reflect 

the expanded purpose of the N–DEx 

System to provide records to criminal 

justice agencies for criminal justice 

employment background checks; 

firearms, explosive, and associated 

license/permit-related background 

checks; and security risk assessments 

conducted on individuals seeking 

access to select biological agents or 

toxins pursuant to 42 U.S.C. 262a and 

42 CFR 73.10. In addition, the updated 

purpose reflects the use of the N–DEx 

System for federal suitability and fitness 

determinations as contemplated in 

Executive Order 13467, as amended by 

Executive Order 13764. These expanded 

uses of the N–DEx System promote 

public safety by ensuring that a 

prospective employee’s involvement in 

the criminal justice system is known 

before a criminal justice employee or 

federal employee is hired. Likewise, 

expanding the use of the N–DEx System 

for firearm, explosive, and associated 

license/permit-related checks and 

security risk assessments provides 

access to additional criminal justice 

information relevant to determining if a 

potential purchaser is prohibited by 

state or federal law from receiving a 

firearm, explosive, or associated permit 

or if an applicant is legally restricted 

from accessing select biological agents 

or toxins. For consolidation purposes, 

the routine uses applicable to the N– 

DEx System under the FBI’s Blanket 

Routine Uses (FBI–BRU, 66 FR 33558 

(June 22, 2001), as amended by 70 FR 

7513, 517 (Feb. 14, 2005) and 82 FR 

24147 (May 25, 2017)), are also being 

included in the routine use portion of 

this notice. 

Additional changes are being made to 

this Notice to provide greater clarity 

about the information contained in the 

N–DEx System and the types of 

information that can be retrieved for 

criminal justice purposes by the N–DEx 

System. Expanding the N–DEx System 

to include records retrieved via a 

federated search of additional criminal 

justice information and criminal 

intelligence databases increases 

criminal justice agencies’ access to 

information necessary for them to 

perform their legally authorized, 

required functions. 

In accordance with 5 U.S.C. 552a(r), 

the DOJ has provided a report to OMB 

and the Congress on this revised system 

of records. 


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64602 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 

Dated: December 11, 2018. 

Peter A. Winn 

Acting Chief Privacy and Civil Liberties 

Officer, United States Department of Justice. 

SYSTEM NAME AND NUMBER: 

National Data Exchange System (N– 

DEx System), JUSTICE/FBI–020. 

SECURITY CLASSIFICATION: 

Sensitive But Unclassified. 

SYSTEM LOCATION: 

Records will be located at the Federal 

Bureau of Investigation (FBI), Criminal 

Justice Information Services (CJIS) 

Division, 1000 Custer Hollow Road, 

Clarksburg, WV 26306, and at 

appropriate locations for system backup 

and continuity of operations purposes. 

Records may also be maintained in 

secure cloud computing environments. 

The cloud computing service provider 

on the date of this publication is 

Amazon Web Services, located at 12900 

Worldgate Drive, Herndon, VA 20170. 

Cloud computing service providers may 

change. For information about the 

current cloud computing service 

provider, please contact the Unit Chief, 

Privacy and Civil Liberties Unit, Office 

of the General Counsel, FBI, 935 

Pennsylvania Avenue NW, Washington, 

DC 20535–0001; telephone 202–324– 

3000. 

SYSTEM MANAGER(S): 

Director, Federal Bureau of 

Investigation, 935 Pennsylvania Avenue 

NW, Washington, DC 20535–0001; 

telephone 202–324–3000. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The system is established and 

maintained in accordance with 28 

U.S.C. 533, 534; 28 CFR 0.85 and 28 

CFR part 20. 

PURPOSE(S) OF THE SYSTEM: 

The purpose of the N–DEx System is 

to enhance the interconnectivity of 

criminal justice databases in various 

agencies and jurisdictions in order to 

improve the sharing of multiple levels 

of criminal justice data to further 

objectives for crime analysis, criminal 

justice administration (‘‘administration 

of criminal justice’’ is defined at 28 CFR 

20.3(b)), and strategic/tactical 

operations in investigating, reporting, 

solving, and preventing crime, and, 

thereby, improving national security. 

The N–DEx System provides local, state, 

tribal, territorial, regional, federal, 

foreign criminal justice, and limited 

authorized noncriminal justice agencies 

with a powerful investigative tool to 

link, share, search, and analyze criminal 

justice information, including incident/ 

case reports, incarceration data, and 

parole/probation data. In addition to 

containing information submitted by 

criminal justice agencies and 

jurisdictions nationwide (as will be 

detailed below in this Notice), the N– 

DEx System facilitates the sharing of 

criminal justice and criminal 

intelligence information (‘‘criminal 

intelligence information’’ is defined at 

28 CFR 23.3(b)(3)) controlled and 

maintained by many different agencies 

and jurisdictions nationwide. As well as 

facilitating information sharing for 

investigative purposes, the N–DEx 

System also facilitates such sharing for 

criminal justice employment 

background checks; federal suitability 

and fitness determinations for covered 

individuals as defined in Executive 

Order 13467, as amended by Executive 

Order 13764; security risk assessments 

on individuals applying for access to 

select biological agents and toxins as set 

forth in 42 U.S.C. 262a and 42 CFR 

73.10; and firearms, explosives, and 

associated license/permit-related 

background checks conducted by 

criminal justice agencies. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The N–DEx System contains 

information maintained by the FBI 

about the following types of individuals: 

A. Any individual who is identified 

in a criminal justice report concerning 

a criminal justice incident or 

investigation. These individuals 

include, but are not limited to: Subjects; 

suspects; associates; victims; persons of 

interest; witnesses; and/or any 

individual named in pre-trial 

investigations and arrest, booking, 

incident, incarceration, parole, and 

probation reports. 

B. N–DEx System users and 

individuals listed as the point of contact 

for records in the N–DEx System. 

C. Individuals who have been queried 

through the N–DEx System. In addition 

to information about the above 

individuals that is actually maintained 

by the system, the N–DEx System also 

facilitates access to information not 

maintained by the FBI, but that is 

contained in non-FBI databases 

(controlled by local, state, tribal, 

territorial, regional, and other federal 

agencies) that can be searched via 

functionality of the N–DEx System. The 

information in systems controlled or 

maintained by other agencies or 

jurisdictions will include information 

about the categories of individuals 

described in (A) above, but will also 

include information about individuals 

identified in criminal intelligence 

information (defined at 28 CFR 

23.3(b)(3)). These individuals may 

include, but are not limited to, subjects, 

suspects, associates, victims, persons of 

interest, witnesses, and/or any 

individual named in a criminal 

intelligence product or report. 

Information about individuals 

maintained in local, state, tribal, 

territorial, regional, federal (nonDepartment of Justice), and foreign 

criminal justice databases, and merely 

accessed via N–DEx System search are 

not part of the N–DEx System system of 

records because they are not ‘‘under the 

control of’’ the Department as stated in 

the Privacy Act definition of ‘‘system of 

records.’’ 5 U.S.C. 552a(a)(5). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The N–DEx System contains 

information collected by criminal 

justice agencies that is needed for the 

performance of their legally authorized, 

required functions. The records in the 

N–DEx System span the entire criminal 

justice lifecycle and consist of arrest, 

holding, incident, supervised release, 

booking, incarceration, service call, case 

and warrant reports; pre-trial 

investigation reports; missing persons 

reports; parole and/or probation 

information; other information collected 

by criminal justice agencies; and 

information shared for collaboration 

purposes from local, state, tribal, 

territorial, regional, federal, and foreign 

criminal justice entities. Identifying 

information in the N–DEx System 

includes, but is not limited to: Name(s); 

sex; race; citizenship; date and place of 

birth; address(es); telephone number(s); 

social security number(s) or other 

unique identifiers; physical description, 

including height, weight, hair color, eye 

color, gender; occupation and vehicle 

identifiers; and photographs. Records 

from the FBI’s CJIS Division systems, 

including the National Crime 

Information Center (NCIC), the Interstate 

Identification Index (III), and the Next 

Generation Identification (NGI) Systems, 

will be made available to the N–DEx 

System for queries, but the N–DEx 

System will not contain copies of these 

databases. Additionally, records from 

other criminal justice and criminal 

intelligence databases controlled and 

updated by local, state, tribal, territorial, 

regional, federal, and foreign criminal 

justice entities or non-governmental 

agencies will be made accessible for 

queries via the N–DEx System, but 

because the FBI and DOJ will not 

control or update the records from these 

databases, this information will not be 

considered part of the N–DEx System 

system of records. 

Records maintained in the N–DEx 

System about individuals described in 

category ‘‘B’’ of INDIVIDUALS 


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COVERED BY THE SYSTEM above 

include name, userID, phone number, 

email address, associated identity 

provider, employing agency, and 

information users voluntarily provide 

for collaboration purposes. 

The N–DEx System also maintains an 

audit log of searches conducted in the 

N–DEx System and records viewed as a 

result of each search. The audit log 

includes search criteria that may 

include identifying information (e.g. 

name, date of birth, social security 

number) about individuals described in 

category ‘‘C’’ of INDIVIDUALS 

COVERED BY THE SYSTEM above. 

RECORD SOURCE CATEGORIES: 

Information contained in the N–DEx 

System is obtained from local, state, 

tribal, territorial, regional, federal, and 

foreign criminal justice agencies and 

non-governmental agencies that compile 

information for criminal justice 

purposes. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

As part of those disclosures generally 

permitted under 5 U.S.C. 552a(b), the 

records in this system may be disclosed 

as a routine use, under 5 U.S.C. 

552a(b)(3) to the following persons or 

entities and under the circumstances or 

for the purposes described below: 

A. To any criminal, civil, or 

regulatory authority (whether local, 

state, tribal, territorial, regional, federal, 

or foreign) where the information is 

relevant to the recipient entity’s 

criminal justice responsibilities. 

B. To a local, state, tribal, territorial, 

regional, federal, foreign, international, 

or other public agency/organization, or 

to any person or entity in either the 

public or private sector, domestic or 

foreign, where such disclosure may 

facilitate the apprehension of fugitives, 

the location of missing persons, the 

location and/or return of stolen property 

or similar criminal justice objectives. 

C. To local, state, tribal, territorial, 

regional, or federal criminal justice 

agencies for the performance of 

firearms, explosives, or associated 

license/permit-related background 

checks. 

D. To federal agencies for the 

performance of federal suitability or 

fitness determinations under the 

authority of Executive Order 13467 as 

amended by Executive Order 13764. 

E. To federal agencies in connection 

with a security risk assessment 

conducted, pursuant to 42 U.S.C. 262a 

and 42 CFR 73.10, on an individual 

applying for access to select biological 

agents or toxins. 

F. To a local, state, tribal, territorial, 

regional, federal, or foreign 

governmental entity lawfully engaged in 

collecting law enforcement, law 

enforcement intelligence, national 

security information, homeland security 

information, national intelligence, 

possible national security threat 

information, or terrorism information 

for law enforcement, intelligence, 

national security, homeland security, or 

counterterrorism purposes. 

G. To any person or entity in either 

the public or private sector, domestic or 

foreign, if deemed by the FBI to be 

reasonably necessary to elicit 

information or cooperation from the 

recipient for use in furthering the 

purposes of the system. 

H. To appropriate agencies, entities, 

and persons when (1) the Department 

suspects or has confirmed that there has 

been a breach of the system of records; 

(2) the Department has determined that 

as a result of the suspected or confirmed 

breach there is a risk of harm to 

individuals, 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 the Department’s 

efforts to respond to the suspected or 

confirmed breach or to prevent, 

minimize, or remedy such harm. 

I. To another Federal agency or 

Federal entity, when the Department 

determines that information from this 

system of records is reasonably 

necessary to assist the recipient agency 

or entity in (1) responding to a 

suspected or confirmed breach or (2) 

preventing, minimizing, or remedying 

the risk of harm to individuals, the 

recipient agency or entity (including its 

information systems, programs, and 

operations), the Federal Government, or 

national security, resulting from a 

suspected or confirmed breach. 

J. To those agencies, entities, and 

persons the FBI may consider necessary 

or appropriate in ensuring the 

continuity of government functions in 

the event of any actual or potential 

significant disruption of normal 

government operations. This also 

includes all related pre-event planning, 

preparation, backup/redundancy, 

training and exercises, and post-event 

operations, mitigation, and recovery. 

K. If any system record, on its face 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, and/or 

enforcing such law, regulation, rule, 

order, or contract. 

L. 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. 

M. 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 

FBI, 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 FBI 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.) 

N. To a court or adjudicative body, in 

matters in which (a) the FBI or any FBI 

employee in his or her official capacity, 

(b) any FBI 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 FBI to be arguably relevant to the 

litigation. Similar disclosures may be 

made in analogous situations related to 

assistance provided to the Federal 

Government by non-FBI employees (see 

Routine Use L). 

O. To an actual or potential party or 

his or her attorney for the purpose of 

negotiating or discussing such matters 

as settlement of the case or matter, or 

informal discovery proceedings, in 

matters in which the FBI has an official 

interest and in which the FBI 

determines records in the system to be 

arguably relevant. 

P. To such recipients and under such 

circumstances and procedures as are 

mandated by Federal statute or treaty. 

Q. To a Member of Congress or a 

person on his or her staff acting on the 

Member’s behalf when the request is 

made on behalf and at the request of the 

individual who is the subject of the 

record. 

R. National Archives and Records 

Administration (NARA) Records 


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Management. To the National Archives 

and Records Administration (NARA) for 

records management inspections and 

such other purposes conducted under 

the authority of 44 U.S.C. 2904 and 

2906. 

S. To any agency, organization, or 

individual for the purposes of 

performing authorized audit or 

oversight operations of the FBI and 

meeting related reporting requirements. 

T. The DOJ may disclose relevant and 

necessary information to 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, in accordance with 

applicable Department regulations; or 

facilitating communications with a 

former employee that may be necessary 

for personnel-related or other official 

purposes where the Department requires 

information and/or consultation 

assistance from the former employee 

regarding a matter within that person’s 

former area of responsibility. (Such 

disclosures will be effected under 

procedures established in title 28, Code 

of Federal Regulations, sections 16.300– 

301 and DOJ Order 2710.8C, including 

any future revisions.) 

U. 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 PresidentElect 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 FBI, 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 which 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, VicePresident or Vice-President Elect. 

V. To complainants and/or victims to 

the extent deemed appropriate by the 

FBI 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. 

W. To appropriate officials and 

employees of a federal agency or entity 

which requires information relevant to a 

decision concerning the hiring, 

appointment, or retention 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. 

X. To designated officers and 

employees of local, state, (including the 

District of Columbia), 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 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 

and necessary to the recipient agency’s 

decision. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Most information is maintained in 

electronic form and stored in computer 

memory, on disk storage, on computer 

tape, in a government approved cloud 

computing infrastructure (e.g., 

FedRAMP approved) offered by a cloud 

service provider (e.g. Amazon Web 

Services), or on other computer media. 

However, some information may also be 

maintained by the contributing agency 

in hard copy (paper) or other form. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Information will be retrieved from the 

N–DEx System by keyword search and 

linkages based on identifying data 

collected on involved persons, places 

and things, and other non-specific 

descriptions of circumstances to 

identify common or similar events. This 

could include individual names or other 

personal identifiers. In addition to 

returning records based upon a direct 

query of the N–DEx System, N–DEx 

System records may also be retrieved by 

a query made to other authorized 

interoperable systems when the users of 

the other systems would also be 

authorized to access the N–DEx System. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

The information within the N–DEx 

System will be contributed by local, 

state, tribal, territorial, regional, federal, 

and foreign criminal justice entities. 

Records in the N–DEx System are 

restricted to information obtained by 

criminal justice agencies in connection 

with their official duties administering 

criminal justice. All entities are 

responsible for ensuring the relevance 

and currency of the information they 

contribute to the N–DEx System and 

will have control and responsibility for 

the disposition of their own records 

through a process that is documented by 

the N–DEx Policy and Operating 

Manual, or based upon federal law. The 

N–DEx Policy and Operating Manual 

requires that before taking action on an 

N–DEx System record, agencies verify 

the accuracy and completeness of the 

record with the record owner. Policy 

also dictates that record contributors 

update their records at least monthly. 

Those portions of the N–DEx System 

that constitute federal records are 

subject to applicable retention 

schedules approved by the National 

Archives and Records Administration 

(NARA). In addition, the N–DEx System 

itself will result in the creation of 

metadata or an audit log that reflects 

any correlation between any of the 

submitted records, as well as 

information about user activity. The N– 

DEx System metadata or audit logs will 

be retained for 25 years, or as otherwise 

specified in the NARA schedule, Job No. 

N1–065–11–2. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

N–DEx System records are maintained 

in limited access space in FBI controlled 

facilities and offices or in secure cloudcomputing environments. Computerized 

data is password protected. Information 

in the cloud is stored in a government 

approved cloud computing 

infrastructure (e.g., FedRAMP approved) 

offered by a cloud service provider. All 

communications between the FBI 

infrastructure and the cloud service 

provider are encrypted both in transit 

and at rest to comply with Trusted 

Internet Connection (TIC) requirements 

and security best practices. All FBI 

personnel are required to pass extensive 

background investigations. N–DEx 

System information is accessed only by 

authorized DOJ personnel, or by nonDOJ personnel properly authorized to 

assist in the conduct of an agency 

function related to these records. The 

N–DEx System has adequate physical 

security and built in controls to protect 

against unauthorized personnel gaining 

access to the equipment and/or the 

information stored in it. 


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RECORD ACCESS PROCEDURES: 

Because the N–DEx System contains 

records compiled to assist with the 

enforcement of criminal laws, the 

records in this system have been 

exempted from notification, access, and 

amendment to the extent permitted by 

subsection (j) of the Privacy Act. An 

individual who is the subject of one or 

more records in this system may be 

notified of records that are not exempt 

from notification and, accordingly, may 

access those records that are not exempt 

from disclosure. All requests for access 

should follow the guidance provided on 

the FBI’s website at https://www.fbi.gov/ 

services/records-management/foipa. A 

request for access to a record from this 

system of records must be submitted in 

writing and comply with 28 CFR part 

16. Individuals may mail, fax, or 

electronically submit a request, clearly 

marked ‘‘Privacy Act Access Request,’’ 

to the FBI, ATTN: FOI/PA Request, 

Record/Information Dissemination 

Section, 170 Marcel Drive, Winchester, 

VA 22602–4843; facsimile: 540–868– 

4995/6/7; electronically: https://

www.fbi.gov/services/recordsmanagement/foipa/requesting-fbirecords. 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, which can be located at the 

above link. In the initial request, the 

requester may also include any other 

identifying data that the requester may 

wish to furnish to assist the FBI in 

making a reasonable search. The request 

should include a return address for use 

by the FBI in responding; requesters are 

also encouraged to include a telephone 

number to facilitate FBI contacts related 

to processing the request. A 

determination of whether a record may 

be accessed will be made after a request 

is received. 

CONTESTING RECORD PROCEDURES: 

To contest or amend information 

maintained in the N–DEx System, an 

individual should direct his/her request 

to the address provided above, stating 

clearly and concisely what information 

is being contested, the reasons for 

contesting it, and the proposed 

amendment to the information sought. 

Some information may be exempt 

from contesting record procedures as 

described in the section titled 

‘‘Exemptions Claimed for the System.’’ 

An individual who is the subject of one 

or more records in this system may 

contest and pursue amendment of those 

records that are not exempt. A 

determination whether a record may be 

subject to amendment will be made at 

the time a request is received. 

NOTIFICATION PROCEDURES: 

Same as RECORD ACCESS 

PROCEDURES paragraph, above. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

The Attorney General has exempted 

the N–DEx System from subsection 

(c)(3) and (4); (d)(1), (2), (3) and (4); 

(e)(1), (2), (3), (5) and (8); and (g) of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2). Rules have been promulgated 

in accordance with the requirements of 

5 U.S.C. 553(b), (c), and (e). See 28 CFR 

16.96(t) and (u). 

HISTORY: 

Law Enforcement National Data 

Exchange System (N–DEx), JUSTICE/ 

FBI–020, 77 FR 56793 (Oct. 4, 2007), as 

amended by 82 FR 24151, 157 (May 25, 

2017). 

[FR Doc. 2018–27265 Filed 12–14–18; 8:45 am] 

BILLING CODE 4410–02–P 

NATIONAL CAPITAL PLANNING 

COMMISSION 

Notice of Final Adoption and Effective 

Date 

AGENCY: National Capital Planning 

Commission. 

ACTION: Notice of final adoption of and 

effective date for a revised Parks and 

Open Space Element for the Federal 

Elements of the Comprehensive Plan for 

the National Capital. 

SUMMARY: The National Capital Planning 

Commission adopted the Parks and 

Open Space Element (Element) of the 

‘‘Comprehensive Plan for the National 

Capital: Federal Elements’’ on December 

6, 2018. The Element guides planning 

and development, and addresses matters 

related to Federal parks and open space 

in the National Capital Region, which 

includes the District of Columbia; 

Montgomery and Prince George’s 

Counties in Maryland; Arlington, 

Fairfax, Loudoun, and Prince William 

Counties in Virginia; and all cities 

within the boundaries of these counties. 

The Element provides the policy 

framework for Commission actions on 

plans and projects subject to 

Commission review. The Element is 

available online for review at https://

www.ncpc.gov/plans/compplan/. 

DATES: The revised Element will become 

effective February 15, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Contact Surina Singh at compplan@

ncpc.gov or by phone at (202) 482–7233. 

Authority: 40 U.S.C. 8721(a). 

Dated: December 6, 2018. 

Anne R. Schuyler, 

General Counsel. 

[FR Doc. 2018–26990 Filed 12–14–18; 8:45 am] 

BILLING CODE P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Sunshine Act: Notice of a Matter To Be 

Added to the Agenda for Consideration 

at an Agency Meeting 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: December 10, 2018 (83 

FR 63540). 

TIME AND DATE: 10:00 a.m., Thursday, 

December 13, 2018. 

PLACE: Board Room, 7th Floor, Room 

7047, 1775 Duke Street, Alexandria, VA 

22314–3428. 

STATUS: Open. 

Pursuant to the provisions of the 

‘‘Government in Sunshine Act’’ notice is 

hereby given that the NCUA Board gave 

notice on December 6, 2018 of the open 

meeting of the NCUA Board scheduled 

for December 13, 2018. Prior to the 

meeting, on December 13, 2018, the 

NCUA Board unanimously determined 

that agency business required the 

addition of a fourth item on the agenda 

with less than seven days’ notice to the 

public, and that no earlier notice of the 

addition was possible. 

MATTER TO BE ADDED: 4. 2019 Share 

Insurance Fund Normal Operating 

Level. 

FOR FURTHER INFORMATION CONTACT: 

Gerard Poliquin, Secretary of the Board, 

Telephone: 703–518–6304. 

Gerard Poliquin, 

Secretary of the Board. 

[FR Doc. 2018–27355 Filed 12–13–18; 4:15 pm] 

BILLING CODE 7535–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Submission for OMB Review; 

Comment Request 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Notice. 

SUMMARY: The National Credit Union 

Administration (NCUA) will submit the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and clearance in 


amozie on DSK3GDR082PROD with NOTICES1