Notice2024-23951
Privacy Act of 1974; Systems of Records
Primary source
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Published
October 25, 2024
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 Office for Access to Justice (ATJ), a component within the United States Department of Justice (DOJ or Department), proposes to develop a new system of records to support the Civil Legal Empowerment, Access, and Reentry (CLEAR) Program. The system of records is the Civil Legal Empowerment, Access, and Reentry (CLEAR) Program Records System, JUSTICE/ATJ-001. The ATJ proposes to establish this system of records to maintain records of the information received, reviewed, or created for the CLEAR Program, administered by ATJ, in collaboration with the Federal Bureau of Prisons (FBOP), and third-party partners, such as legal and medical service providers or academic institutions, to provide civil legal services to individuals incarcerated or previously incarcerated at FBOP facilities.
Full Text
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<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
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[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85236-85239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23951]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 04-2024]
Privacy Act of 1974; Systems of Records
AGENCY: Access to Justice, 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
Office for Access to Justice (ATJ), a component within the United
States Department of Justice (DOJ or Department), proposes to develop a
new system of records to support the Civil Legal Empowerment, Access,
and Reentry (CLEAR) Program. The system of records is the Civil Legal
Empowerment, Access, and Reentry (CLEAR) Program Records System,
JUSTICE/ATJ-001. The ATJ proposes to establish this system of records
to maintain records of the information received, reviewed, or created
for the CLEAR Program, administered by ATJ, in collaboration with the
Federal Bureau of Prisons (FBOP), and third-party partners, such as
legal and medical service providers or academic institutions, to
provide civil legal services to individuals incarcerated or previously
incarcerated at FBOP facilities.
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 November 25, 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#99e9ebf0eff8fae0b7faf6f4e9f5f0f8f7fafcd9eceafdf6f3b7fef6ef"><span class="__cf_email__" data-cfemail="91e1e3f8e7f0f2e8bff2fefce1fdf8f0fff2f4d1e4e2f5fefbbff6fee7">[email protected]</span></a>. To ensure
proper handling, please reference the above CPCLO Order No. on your
correspondence.
FOR FURTHER INFORMATION CONTACT: Nina Wu, Senior Counsel, Office for
Access to Justice, Department of Justice, 150 M Street NE, Washington,
DC 20002, <a href="/cdn-cgi/l/email-protection#8ec0e7e0efa0d9fbcefbfdeae1e4a0e9e1f8"><span class="__cf_email__" data-cfemail="46082f282768113306333522292c68212930">[email protected]</span></a>, 202-510-6386.
SUPPLEMENTARY INFORMATION: The CLEAR Program, announced by the Acting
Associate Attorney General in April 2024, is designed to help
incarcerated individuals better understand their civil legal rights and
feel empowered to meet their own civil legal needs. As part of the
CLEAR Program, ATJ will collaborate with a private third party, such as
an academic institution or legal services provider, to provide civil
legal services to incarcerated individuals and formerly incarcerated
individuals at selected FBOP facilities.
The CLEAR Program will include three segments: (1) developing and
providing self-help materials to address civil legal needs of
incarcerated individuals; (2) conducting a series of empowerment
workshops for incarcerated individuals focused on family law,
financial-related issues, and public benefits; and (3) creating Medical
[[Page 85237]]
Legal Partnerships (MLPs) with third-party partners to assist with pre-
release Supplemental Security Income (SSI) claims.
To properly execute the CLEAR Program, ATJ is issuing this System
of Records Notice.
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: October 9, 2024.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/ATJ-001
SYSTEM NAME AND NUMBER:
Civil Legal Empowerment, Access, and Reentry (CLEAR) Program
Records System, JUSTICE/ATJ-001.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
Records may be maintained at any Department of Justice authorized
location. A list of the Access to Justice (ATJ) system locations may be
found at <a href="https://www.justice.gov/atj">https://www.justice.gov/atj</a>. Records within this system of
records may be transferred to a Department-authorized cloud service
provider, in which records would be limited to locations within the
United States.
SYSTEM MANAGER(S):
Deputy Director, U.S. Department of Justice, Office for Access to
Justice, 950 Pennsylvania Ave. NW, Room 3339, Washington, DC 20530.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system is established and maintained under the authority of 28
CFR 0.33.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to maintain records of the information
received, reviewed, or created for the CLEAR Program; to make records
available to DOJ and ATJ staff to support the program as needed, and to
other Federal and third-party partners as necessary to perform program
functions as needed. The CLEAR Program is administered by ATJ, in
collaboration with the Federal Bureau of Prisons (FBOP) and third-party
partners, such as a legal or medical service providers or academic
institutions, to provide self-help materials, a series of empowerment
workshops and a Medical Legal Partnership focused on Supplemental
Security Income claims to assist individuals currently and previously
incarcerated at FBOP facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals currently or previously in the custody of the Attorney
General and/or the Director of the FBOP, including those individuals in
custody for criminal and civil commitments; counsel, family, and
friends of individuals in custody, for example, when they provide
letters of support to an incarcerated individual participating in the
CLEAR Program; students and staff of academic institutions
participating in the CLEAR Program; staff or volunteers affiliated with
legal or medical service providers and other third-party partners
participating in the CLEAR Program; third parties which enter into
contracts, memoranda of understanding, or other arrangements with ATJ
to facilitate the execution of the CLEAR Program; and DOJ staff
involved in the administration of the CLEAR Program.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of all records relating to the execution of
the CLEAR Program, including healthcare-related (such as medical,
dental, mental health, and substance abuse records), legal (such as
criminal, civil, custodial, and probation records), financial, housing,
and social security records pertaining to currently or previously
incarcerated individuals participating in the Program; and records
created and maintained for administrative or operational purposes for
the CLEAR Program. This includes communications between, and records
received from, generated by, or about DOJ staff (including ATJ and
FBOP) and third-party partner staff participating in the CLEAR Program.
The system will also contain records related to the performance of the
Program and third-party partners and their students and staff.
RECORD SOURCE CATEGORIES:
The system contains records that originated from DOJ staff involved
in the administration of the CLEAR Program; FBOP, students, and staff
of the third-party partners supporting the CLEAR Program; health care
providers and professionals; the Social Security Administration; the
U.S. Probation Office; individuals currently or formerly in FBOP's
custody, and counsel, family, and friends of those individuals.
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) 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.
(b) To any person or entity that ATJ has reason to believe
possesses information regarding a matter within the authority of ATJ,
to the extent deemed to be necessary by ATJ in order to elicit such
information or cooperation from the recipient for use in the
performance of an authorized activity.
(c) 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 in
accordance with applicable laws, rules, and Department policies.
(d) 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, with the
concurrence of the Department's Chief Privacy and Civil Liberties
Officer.
(e) To contractors, experts, consultants, students, and others
performing or working on a contract, service, grant, cooperative
agreement, memorandum of understanding or other assignment for the
Federal Government, when necessary to accomplish an agency function
related to this system of records.
(f) To 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, 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
[[Page 85238]]
relevant and necessary to the recipient agency's decision.
(g) To appropriate officials and employees of a Federal agency or
entity that requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment of an employee; the issuance, renewal,
suspension, or revocation of a security clearance; the execution of a
security or suitability investigation; the letting of a contract, or
the issuance of a grant or benefit.
(h) 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.
(i) 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.
(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 National Archives and Records Administration (NARA) and
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
(l) 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.
(m) 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.
(n) To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of ATJ and meeting
related reporting requirements.
(o) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
(p) To any person or entity to the extent necessary to prevent
immediate loss of life or serious bodily injury; and
(q) To the Social Security Administration, to meet the requirements
of Social Security disability applications.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored on paper and/or in electronic
form. Records are stored securely in accordance with applicable laws,
regulations, and policies.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by identifying data of the persons covered by
this system, including name, inmate register number, and Social
Security Number.
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. Pending NARA
approval of a proposed records schedule, SSI claim-related case records
will be retained for a period of five years after a decision is made by
the Social Security Administration on the SSI claim of the individual
under FBOP custody. Documentary records are destroyed by shredding;
computer records are destroyed by degaussing and/or shredding.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system in electronic or hard copy form is
subject to administrative, technical, and physical safeguards in
accordance with applicable laws, rules, and policies, including Federal
information technology (IT) security requirements and DOJ's rules and
policies governing automated information systems security, including
physical security and access controls. These safeguards include the
maintenance of records and technical equipment in restricted areas, the
use of encryption to protect data, and the required use of strong user
authentication to access the system. Only those authorized staff who
require access to perform their official duties may access the system
equipment and the information in the system. The data is also
segregated and encrypted, and staff's ability to update inmate data is
restricted absent authorization. Internet connections are protected by
multiple firewalls. Users of individual DOJ computers can only gain
access to data through a multi-factor authentication process; direct
access to certain information is restricted depending on a user's role
and responsibility within the organization and system. Security staff
conduct periodic vulnerability scans using DOJ-approved software to
ensure security compliance, and security logs are enabled for computers
to assist in troubleshooting and forensics analysis during incident
investigations.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and can be
emailed to <a href="/cdn-cgi/l/email-protection#3e7f6a747871777f7e4b4d5a515410595148"><span class="__cf_email__" data-cfemail="db9a8f919d94929a9baea8bfb4b1f5bcb4ad">[email protected]</span></a> or mailed to FOIA Contact, Office for
Access to Justice, Department of Justice, 950 Pennsylvania Ave. NW, Rm.
3341, Washington, DC 20530-0001. Any envelope and letter should be
clearly marked ``Privacy Act Access Request.'' The request must
describe the records sought in sufficient detail to enable Department
staff 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. A determination whether a record may be
accessed will be made at the time a request is received.
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 <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, ``Access to and Amendment of Individual Records
Pursuant to the Privacy Act of 1974, and Other Privacy Protections.''
[[Page 85239]]
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, ``Privacy Act requests for amendment or correction.''
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. 2024-23951 Filed 10-24-24; 8:45 am]
BILLING CODE 4410-PN-P
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