[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83966-83969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26073]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 005-2023]


Privacy Act of 1974; Systems of Records

AGENCY: Department of Justice.

ACTION: Notice of a new system of records.

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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 
United States Department of Justice (DOJ or Department) proposes to 
develop a new system of records titled National Law Enforcement 
Accountability Database, JUSTICE/DOJ-022. The Department proposes to 
establish this system of records to promote new and strengthened 
practices in the hiring, promotion, and retention of law enforcement 
officers. On May 25, 2022, the President issued an Executive Order, 
Advancing Effective, Accountable Policing and Criminal Justice 
Paractices to Enhance Public Trust and Public Safety (the ``Executive 
Order''). Section 5 of the Executive Order directs the Attorney General 
to establish a National Law Enforcement Accountability Database (the 
``NLEAD'') documenting instances of law enforcement officer misconduct, 
commendations, and awards. The Attorney General shall also ensure that 
the NLEAD is consistent with all applicable laws, including the Privacy 
Act, and respects appropriate due process protections for law 
enforcement officers.

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 
submit comments. Please submit any comments by January 2, 2024.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments by mail to the United States Department of Justice, Office of 
Privacy and Civil Liberties, ATTN: Privacy Analyst, Two Constitution 
Square, 145 N St. NE, Suite 8W-300, Washington, DC 20530; by facsimile 
at 202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#51212338273032287f323e3c213d38303f3234112422353e3b7f363e27"><span class="__cf_email__" data-cfemail="9eeeecf7e8fffde7b0fdf1f3eef2f7fff0fdfbdeebedfaf1f4b0f9f1e8">[email protected]</span></a>. To ensure 
proper handling, please reference the above CPCLO Order No. on your 
correspondence.

FOR FURTHER INFORMATION CONTACT: Brian Merrick, Deputy Director, 
Service Delivery Staff, United States Department of Justice, Justice 
Management Division, Two Constitution Square, 145 N St. NE, Suite 4W-
202, Washington, DC 20530; <a href="/cdn-cgi/l/email-protection#c082b2a9a1aeee8da5b2b2a9a3ab80b5b3a4afaaeea7afb6"><span class="__cf_email__" data-cfemail="edaf9f848c83c3a0889f9f848e86ad989e898287c38a829b">[email protected]</span></a>, 202-514-0070.

SUPPLEMENTARY INFORMATION: In Executive Order 14074, the President 
declared a policy that strives to ``strengthen public safety and the 
bonds of trust between law enforcement and the community and build a 
criminal justice system that respects the dignity and equality of all 
in America.'' As explained in the Executive Order, one of the many ways 
to advance that policy is to ``commit to new practices in law 
enforcement recruitment, hiring, promotion, and retention, as well as 
training, oversight, and accountability.'' In furtherance of these 
goals, Section 5 of the Executive Order directs the Attorney General to 
establish the NLEAD for official records documenting law enforcement 
officer misconduct, commendations, and awards. Section 5 provides that 
the NLEAD include, to the maximum extent permitted by law, the 
following categories of records documenting: criminal convictions; 
suspension of a law enforcement officer's enforcement authorities, such 
as de-certification; terminations; civil judgments related to official 
duties, including amounts if publicly available; resignations or 
retirements while under investigation for serious misconduct;

[[Page 83967]]

and sustained complaints or records of disciplinary action based on 
findings of serious misconduct. The NLEAD shall also include official 
records documenting officer commendations and awards, as the Attorney 
General deems appropriate.
    Pursuant to Section 5(e) of the Executive Order, the NLEAD shall be 
used, as appropriate and consistent with applicable law, in the hiring, 
job assignment, and promotion of Federal law enforcement officers, as 
well as in the screening of State, Tribal, local, and territorial law 
enforcement officers who participate in programs or activities 
controlled by Federal law enforcement agencies, such as joint task 
forces or international training and technical assistance programs, 
including programs managed by the Department of State and the DOJ. 
State, Tribal, local, and territorial law enforcement agencies are 
encouraged to contribute to and use the NLEAD in a manner consistent 
with applicable law.
    The Department proposes to establish the NLEAD system of records to 
fulfill the mandate of the Executive Order and facilitate new and 
strengthened hiring practices while protecting the safety, privacy, and 
due process rights of law enforcement officers who may be identified in 
the NLEAD.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.

    Dated: November 20, 2023.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/DOJ-022

SYSTEM NAME AND NUMBER:
    National Law Enforcement Accountability Database, JUSTICE/DOJ-022.

SECURITY CLASSIFICATION:
    Controlled unclassified information.

SYSTEM LOCATION:
    Records will be maintained by a Department-authorized cloud service 
provider and the records will be required to be maintained within the 
Continental United States. Records can be accessed from all locations 
at which DOJ System Managers operate or are supported, including the 
Two Constitution Square building, 145 N Street NE, Washington, DC 
20530.
    Some or all system information may be duplicated at other locations 
where the Department has granted direct access to support DOJ System 
Manager operations, system backup, emergency preparedness, and/or 
continuity of operations. For more specific information about the 
location of records maintained in this system of records, contact the 
system manager using the contact information listed in the ``SYSTEM 
MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    DOJ Chief Information Officer, (202) 514-3101, 145 N Street NE, 
Washington, DC 20530.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 3301; Executive Order 13764, Amending the Civil Service 
Rules, Executive Order 13488, and Executive Order 13467 To Modernize 
the Executive Branch-Wide Governance Structure and Processes for 
Security Clearances, Suitability and Fitness for Employment, and 
Credentialing, and Related Matters; and Executive Order 14074, 
Advancing Effective, Accountable Policing and Criminal Justice 
Practices to Enhance Public Trust and Public Safety.

PURPOSE(S) OF THE SYSTEM:
    Records in this system will be used by Federal law enforcement 
agencies to assess the loyalty, trustworthiness, suitability, and/or 
eligibility of an individual for hiring, job assignment, or promotion 
as a law enforcement officer, as well as the screening of State, 
Tribal, local and territorial law enforcement officers who participate 
in programs or activities over which Federal agencies exercise control, 
such as joint task forces or international training and technical 
assistance programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former law enforcement officers, including but not 
limited to full and part-time employees, detailees, and task force 
personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Identifying information regarding the law enforcement officers in 
the Categories of Individuals above, including records, or indications 
of the existence of records, relating to: (i) criminal convictions; 
(ii) suspension of a law enforcement officer's enforcement authorities, 
such as de-certification; (iii) terminations; (iv) civil judgments, 
including amounts (if publicly available), related to official duties; 
(v) resignations or retirement while under investigation for serious 
misconduct; (vi) sustained complaints or records of disciplinary action 
based on findings of serious misconduct; and (vii) commendations and 
awards.

RECORD SOURCE CATEGORIES:
    Sources of information contained in this system are individuals and 
entities at law enforcement agencies and the individuals listed in the 
Categories of Individuals above.

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) Designated officers and employees of agencies, offices, and 
other establishments in the executive, legislative, and judicial 
branches of the Federal Government, in connection with the hiring or 
continued employment of an employee or contractor, the conduct of a 
suitability or security investigation of an employee or contractor, or 
the grant, renewal, suspension, or revocation of a security clearance, 
to the extent that the information is relevant and necessary to the 
hiring agency's decision.
    (b) Designated officers and employees of State or local (including 
the District of Columbia) 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, to the extent 
that the information is relevant and necessary to the recipient 
agency's decision.
    (c) Federal, State, local, or private entities where appropriate 
for purposes of certification of security clearances of participants in 
training, conferences, meetings, facility visits, and similar 
activities.
    (d) To an organization or individual in 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 or 
other threat, to the extent the information is relevant to the 
protection of life, health, or property. Information may be similarly 
disclosed to other recipients who share the same interests as the 
target or who may be able to assist in protecting against or responding 
to the activity or conspiracy.
    (e) To appropriate officials and employees of a Federal agency for 
which the Department is authorized to

[[Page 83968]]

provide a service, when disclosed in accordance with an interagency 
agreement and when necessary to accomplish an agency function 
articulated in the interagency agreement.
    (f) To any person(s) or appropriate Federal, State, Tribal, local, 
territorial, or foreign law enforcement authority authorized to assist 
in an approved investigation of or relating to the improper usage of 
DOJ information technologies, information systems, and/or networks.
    (g) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, Tribal, local, territorial, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities.
    (h) To a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information for such purposes.
    (i) To any person, organization, or governmental entity in order to 
notify them of a serious terrorist threat for the purpose of guarding 
against or responding to such a threat.
    (j) To Federal, State, local, territorial, Tribal, foreign, or 
international licensing agencies or associations which require 
information concerning the suitability or eligibility of an individual 
for a license or permit.
    (k) Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate Federal, State, local, territorial, Tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    (l) 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 to be necessary by 
the Department to elicit such information or cooperation from the 
recipient for use in the performance of an authorized activity.
    (m) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Department of Justice 
determines that the records are arguably relevant to the proceeding; or 
in an appropriate proceeding before an administrative or adjudicative 
body when the adjudicator determines the records to be relevant to the 
proceeding.
    (n) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (o) To 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.
    (p) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, interagency agreement, or other assignment for the Federal 
Government, when necessary to accomplish an agency function related to 
this system of records.
    (q) To a former employee of the Department for purposes of: 
responding to an official inquiry by a Federal, State, or local 
governmental 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.
    (r) To a Member of Congress or staff acting upon 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.
    (s) To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (t) To appropriate agencies, entities, and persons when: (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.
    (u) To another Federal agency or 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.
    (v) To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the Department, 
and meeting related reporting requirements.
    (w) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic storage media, in accordance 
with the safeguards mentioned below.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Data is retrieved by searching an individual's name, date of birth, 
and/or social security number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Department is working with the National Archives and Records 
Administration to create a records retention and disposal schedule for 
records in the NLEAD.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
appropriate laws, rules, and policies, including the Department's 
automated systems security and access policies and Interconnection 
Security Agreements (ISAs) with Federal agency subscribers. Access to 
such information is limited to Department personnel, contractors, and 
other personnel who have an official need for access in order to 
perform their duties. Records are maintained in an access-controlled 
area, with direct access permitted to only authorized personnel. 
Electronic records are accessed only by authorized personnel with 
accounts on the Department's network. Additionally, direct access to 
certain information may be restricted depending on a user's role and 
responsibility within the organization

[[Page 83969]]

and system. Any electronic data that contains personally identifiable 
information will be encrypted in accordance with applicable National 
Institute of Standards and Technology standards when transferred 
between the Department and the subscriber agency.

RECORD ACCESS PROCEDURES:
    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 by mail to the Justice Management Division, ATTN: FOIA Contact, 
Room 1111, Robert F. Kennedy Department of Justice Building, 950 
Pennsylvania Avenue NW, Washington, DC 20530-0001, or by email at 
<a href="/cdn-cgi/l/email-protection#014b4c45474e4840417472656e6b2f666e77"><span class="__cf_email__" data-cfemail="8cc6c1c8cac3c5cdccf9ffe8e3e6a2ebe3fa">[email protected]</span></a>. Correspondence 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 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 website at http://www.justice.gov/oip/forms/cert_ind.pdf.
    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 physical or 
electronic address indicated in the ``RECORD ACCESS PROCEDURES'' 
paragraph, above. All requests to contest or amend records must be in 
writing and the correspondence (and envelope or email subject line) 
should be clearly marked ``Privacy Act Amendment Request.'' All 
requests must state clearly and concisely what record is being 
contested, the reasons for contesting it, and the proposed amendment to 
the record.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

 NOTIFICATION PROCEDURES:
    Individuals may 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.

HISTORY:
    None.

[FR Doc. 2023-26073 Filed 11-30-23; 8:45 am]
BILLING CODE 4410-NW-P


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