Notice2023-13096
Privacy Act of 1974; Systems of Records
Primary source
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Published
June 21, 2023
Issuing agencies
Justice Department
Abstract
Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Justice Management Division (hereinafter JMD), a component within the United States Department of Justice (DOJ or Department), proposes to develop a new system of records notice titled HAVANA Act Compensation Records, JUSTICE/DOJ-021. DOJ proposes to establish this system of records in connection with the provisions in the HAVANA Act to allow claimants to be compensated for qualifying physical injuries under the Act and the implementing regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40331-40333]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13096]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 003-2023]
Privacy Act of 1974; Systems of Records
AGENCY: United States 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
Justice Management Division (hereinafter JMD), a component within the
United States Department of Justice (DOJ or Department), proposes to
develop a new system of records notice titled HAVANA Act Compensation
Records, JUSTICE/DOJ-021. DOJ proposes to establish this system of
records in connection with the provisions in the HAVANA Act to allow
claimants to be compensated for qualifying physical injuries under the
Act and the implementing regulations.
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 21, 2023.
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, 2 Constitution
Square, 8W.300, 145 N St. NE, Washington, DC 20002; by facsimile at
202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#e595978c9384869ccb868a8895898c848b8680a59096818a8fcb828a93"><span class="__cf_email__" data-cfemail="cfbfbda6b9aeacb6e1aca0a2bfa3a6aea1acaa8fbabcaba0a5e1a8a0b9">[email protected]</span></a>. To ensure
proper handling, please reference the above CPCLO Order No. on all
correspondence.
FOR FURTHER INFORMATION CONTACT: Morton J. Posner, General Counsel,
Justice Management Division, 2CON, 145 N St. NE, Washington, DC 20530,
(202) 514-3452.
SUPPLEMENTARY INFORMATION: On October 8, 2021, President Biden signed
the ``Helping American Victims Affected by Neurological Attacks''
(HAVANA) Act of 2021 (Pub. L. 117-46) (hereinafter, the HAVANA Act or
the Act). In this statute, Congress authorized Federal agencies to make
payments to certain affected current employees, former employees, and
their dependents (hereinafter, ``claimants'') for qualifying injuries
to the brain. This law requires the Department (and other agencies) to
prescribe regulations implementing the HAVANA Act, and the Department
intends to publish an interim final rule (IFR).
An individual wishing to make a claim under the HAVANA Act
(hereinafter, a ``claimant'') will submit information about themselves
and their claim to the Department. Those records will be used to
determine a claimant's eligibility for payment under the HAVANA Act,
track the progress of the claim, inform the claimant of the status of
the claim, and to inform any decision arising out of an administrative
appeal relating to the claim.
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: June 14, 2023.
Peter Winn,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/DOJ-021
SYSTEM NAME AND NUMBER:
HAVANA Act Compensation Records, JUSTICE/DOJ-021.
SECURITY CLASSIFICATION:
The information in this system of records is unclassified.
SYSTEM LOCATION:
Original records will be kept at the Justice Management Division
(JMD), 2CON, 145 N St. NE, Washington, DC 20530. The database(s) will
be maintained internally and on the JMD server.
SYSTEM MANAGER(S):
Deputy Assistant Attorney General, Policy, Management, and
Procurement, Justice Management Division, 950 Pennsylvania Avenue NW,
Washington, DC 20530.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintaining this system exists under the HAVANA Act
of 2021, Public Law 117-46.
PURPOSE(S) OF THE SYSTEM:
Records maintained in this system will be used to determine a
claimant's eligibility for payment under the HAVANA Act, track the
progress of the claim, inform the claimant of the status of the claim,
and to inform any decision arising out of an administrative appeal
relating to the claim.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Department of Justice employees and their
dependents, as defined in the HAVANA Act implementing regulations, who
make claims under the Act (``claimants''), health care providers who
submit supporting paperwork on behalf of the claimant, and other
individuals appropriately submitting or referenced in supporting
documentation, e.g., witnesses to the associated incident and other
health care providers.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may include names of claimants, claimants'
dependents, health care providers, or other individuals covered in this
system, dates of birth, contact information, employment information
relating to the claim, date and location of the associated incident,
medical information relating to the claim; and other records
appropriately obtained or generated to process claims.
RECORD SOURCE CATEGORIES:
Information may be provided by individuals covered in this system,
the Department of Justice or other United States Government agencies,
physicians or other appropriate medical personnel, or medical board
certification organizations.
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 the claimant's listed physician or other appropriate health
care providers to the extent necessary to gather information required
for the processing of the claimant's claim.
B. To any Federal agency or entity that the Department of Justice
has reason to believe possesses information pertinent to claimant's
claim, or with
[[Page 40332]]
whom the Department of Justice must coordinate to process the claim, or
as is otherwise appropriate to ensure fair and equitable implementation
of the HAVANA Act.
C. 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 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.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding.
E. To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or informal discovery
proceedings.
F. To 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.
G. To contractors, grantees, experts, consultants, and 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.
H. To appropriate officials and employees of a Federal agency or
entity that requires information relevant to the issuance of a grant or
benefit.
I. To a former employee of the Department for purposes of
facilitating communications with a former employee where the Department
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
J. 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.
K. To the White House, including the President, Vice President,
their staffs, and other entities of the Executive Office of the
President, for Executive Branch coordination of activities which relate
to or have an effect upon the constitutional, statutory, or other
official or ceremonial duties of the President or Vice-President, to
the extent that release of the specific information in the context of a
particular case does not constitute an unwarranted invasion of personal
privacy.
L. 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.
M. To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
N. 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.
O. To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of the JMD and
meeting related reporting requirements.
P. 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 in this system are maintained in restricted access folders,
with access limited to those who have a need to know the information.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Data is retrieved by name of covered individuals, by case file
identifier, by date or location of incident, or by claimant's Division
or program office.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Files are retained in hard and electronic copies. The Department
has drafted a Schedule for all DOJ Compensation programs, Compensation
Programs Records, and has submitted the draft to NARA for review. The
DOJ Compensation Programs Records schedule would include permanent
records. Pending approval of that schedule, all HAVANA Act Compensation
claim files and automated data pertaining to those claims will be
retained in anticipation of a permanent retention schedule. If a more
limited retention is approved, records will be handled accordingly.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Internet connections are protected by multiple firewalls. Security
personnel conduct periodic vulnerability scans using DOJ-approved
software to ensure security compliance and security logs are enabled
for all computers to assist in troubleshooting and forensics analysis
during incident investigations. Users of individual computers can only
gain access to the data by a valid user identification and password or
passcode. Access to electronic files is limited to personnel who have a
need for the files to perform official duties.
Access to hard copy records is limited to personnel who have a need
for the records to perform official duties and is safeguarded in access
controlled areas. All files are maintained in a secure building.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the Justice Management Division FOIA Contact, 950
Pennsylvania Avenue NW, Room 1111 RFK, Washington, DC 20530, or
<a href="/cdn-cgi/l/email-protection#9ad0d7dedcd5d3dbdaefe9fef5f0b4fdf5ec"><span class="__cf_email__" data-cfemail="e2a8afa6a4adaba3a29791868d88cc858d94">[email protected]</span></a>. Any envelopes and letters should be clearly marked
``Privacy Act Access Request.'' The request must describe the records
sought in sufficient detail to enable Department personnel to locate
them with a reasonable amount of effort. The request must include a
general description of the records sought and must include the
requester's full name, current address, and date and place of birth.
The request must be signed and either notarized or submitted under
penalty of perjury.
Although no specific form is required, individuals 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
[[Page 40333]]
<a href="https://www.justice.gov/oip/oip-request.html">https://www.justice.gov/oip/oip-request.html</a>.
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.''
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:
None.
[FR Doc. 2023-13096 Filed 6-20-23; 8:45 am]
BILLING CODE 4410-NW-P
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</html>Indexed from Federal Register on June 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.