Privacy Act of 1974; Implementation

Issuing agencies

Abstract

In the Notice section of today's Federal Register, the Office of Justice Programs (OJP), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records, Bureau of Justice Statistics (BJS) Statistical Data, JUSTICE/OJP-017, for the statistical data collections that BJS conducts under 34 U.S.C. 10132. In this notice of proposed rulemaking, the OJP proposes to exempt this system of records from certain provisions of the Privacy Act in order to comply with the confidentiality provisions of 34 U.S.C. 10231 and 34 U.S.C. 30303 and the requirement of 34 U.S.C. 10134 that the data are to be used solely for statistical or research purposes. Additionally, data are to be used for authorized purposes under the Prison Rape Elimination Act of 2003 (PREA; 44 U.S.C. 3563) and the Death in Custody Reporting Act of 2013 (DCRA; Pub. L. 113-242). Consistent with the data use requirements set forth in 34 U.S.C. 10134, no adverse determinations are made from these records as to any identifiable individual. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited.

Full Text

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Proposed Rules]
[Pages 65510-65512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21060]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[CPCLO Order No. 012-2026]


Privacy Act of 1974; Implementation

AGENCY: Bureau of Justice Statistics, Office of Justice Programs, 
United States Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In the Notice section of today's Federal Register, the Office 
of Justice Programs (OJP), a component within the United States 
Department of Justice (DOJ or Department), has published a notice of a 
new system of records, Bureau of Justice Statistics (BJS) Statistical 
Data, JUSTICE/OJP-017, for the statistical data collections that BJS 
conducts under 34 U.S.C. 10132. In this notice of proposed rulemaking, 
the OJP proposes to exempt this system of records from certain 
provisions of the Privacy Act in order to comply with the 
confidentiality provisions of 34 U.S.C. 10231 and 34 U.S.C. 30303 and 
the requirement of 34 U.S.C. 10134 that the data are to be used solely 
for statistical or research purposes. Additionally, data are to be used 
for authorized purposes under the Prison Rape Elimination Act of 2003 
(PREA; 44 U.S.C. 3563) and the

[[Page 65511]]

Death in Custody Reporting Act of 2013 (DCRA; Pub. L. 113-242). 
Consistent with the data use requirements set forth in 34 U.S.C. 10134, 
no adverse determinations are made from these records as to any 
identifiable individual. For the reasons provided below, the Department 
proposes to amend its Privacy Act regulations by establishing an 
exemption for records in this system from certain provisions of the 
Privacy Act. Public comment is invited.

DATES: Comments must be received by November 16, 2026.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#3343415a4552504a1d505c5e435f5a525d5056734640575c591d545c45"><span class="__cf_email__" data-cfemail="ddadafb4abbcbea4f3beb2b0adb1b4bcb3beb89da8aeb9b2b7f3bab2ab">[email&#160;protected]</span></a>. To ensure proper 
handling, please reference the CPCLO Order No. in the subject line of 
the message.
    <bullet> Fax: 202-307-0693.
    <bullet> Mail: United States Department of Justice, Justice 
Management Division, Office of the General Counsel, Office of Privacy 
and Civil Liberties, ATTN: Privacy Analyst, 2 Constitution Square, 145 
N Street NE, Suite 8W.300, Washington, DC 20530. All comments sent via 
regular or express mail will be considered timely if postmarked on the 
day the comment period closes. To ensure proper handling, please 
reference the CPCLO Order No. in your correspondence.
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
When submitting comments electronically, you must include the CPCLO 
Order No. in the subject box. Please note that the Department is 
requesting that electronic comments be submitted before midnight 
Eastern Daylight Savings Time on the day the comment period closes 
because <a href="http://www.regulations.gov">http://www.regulations.gov</a> terminates the public's ability to 
submit comments at that time. Commenters in time zones other than 
Eastern Time may want to consider this so that their electronic 
comments are received.
    Posting of Public Comments: Please note that all comments received 
are considered part of the public record and made available for public 
inspection online at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and in the Department's 
public docket. Such information includes personally identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter. If you want to submit personal identifying information 
(such as your name, address, etc.) as part of your comment, but do not 
want it to be posted online or made available in the public docket, you 
must include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the 
first paragraph of your comment. You must also place all personal 
identifying information that you do not want posted online or made 
available in the public docket in the first paragraph of your comment 
and identify what information you want redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be posted online or made available 
in the public docket, you must include the phrase ``CONFIDENTIAL 
BUSINESS INFORMATION'' in the first paragraph of your comment. You must 
also prominently identify confidential business information to be 
redacted within the comment. If a comment has so much confidential 
business information that it cannot be effectively redacted, all or 
part of that comment may not be posted online or made available in the 
public docket.
    Personal identifying information and confidential business 
information identified and located as set forth above will be redacted 
and the comment, in redacted form, may be posted online and placed in 
the Department's public docket file. Please note that the Freedom of 
Information Act applies to all comments received. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph, below.

FOR FURTHER INFORMATION CONTACT: Bureau of Justice Statistics, 999 N 
Capitol St. NE, Washington, DC 20531, <a href="/cdn-cgi/l/email-protection#9ddceef6dfd7cedde8eef9f2f7b3faf2eb"><span class="__cf_email__" data-cfemail="9bdae8f0d9d1c8dbeee8fff4f1b5fcf4ed">[email&#160;protected]</span></a>. To ensure 
proper routing, please reference ``BJS SORN'' in the subject line of 
the correspondence.

SUPPLEMENTARY INFORMATION: BJS is a Federal statistical agency and is a 
principal source of official statistics on crime and justice. BJS's 
mission is to collect, analyze, and disseminate information on crime, 
criminal offenders, victims of crime, and the operation of justice 
systems at all levels of government. ``BJS Statistical Data'' is a new 
system of records that includes information collected under BJS's 
authority from sources including survey respondents and from 
administrative records that are routinely maintained by other entities 
including Federal, state, local, and tribal criminal justice or 
governmental agencies and offices. The purpose of this system of 
records is to maintain data collected under BJS's authority through 
questionnaires, paper and electronic surveys, interviews, focus groups, 
and administrative records to support its statistical mission. BJS 
regularly obtains records with names, dates of birth, addresses, social 
security numbers, and other identification numbers, to complete its 
statistical work.

Executive Orders 12866 and 13563--Regulatory Review

    In accordance with 5 U.S.C. 552a(k)(4), this proposed action is 
subject to formal rulemaking procedures by giving interested persons an 
opportunity to participate in the rulemaking process ``through 
submission of written data, views, or arguments,'' pursuant to 5 U.S.C. 
553. The purpose of this system of records is to maintain data 
collected under BJS's authority through questionnaires, paper and 
electronic surveys, interviews, focus groups, and administrative 
records maintained and provided by Federal, state, local, and tribal 
criminal justice or governmental agencies. This proposed action does 
not raise novel legal or policy issues, nor does it adversely affect 
the economy, the budgetary impact of entitlements, grants, user fees, 
loan programs, or the rights and obligations of recipients thereof in a 
material way. The Office of Management and Budget has determined that 
this rule is not a ``significant regulatory action'' under Executive 
Order 12866, section 3(f), and accordingly this rule has not been 
reviewed by the Office of Information and Regulatory Affairs within the 
Office of Management and Budget pursuant to Executive Order 12866.

Regulatory Flexibility Act

    This proposed rule will only impact Privacy Act-protected records, 
which are personal and generally do not apply to an individual's 
entrepreneurial capacity, subject to limited exceptions. Accordingly, 
the Chief Privacy and Civil Liberties Officer, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E-
Congressional Review Act)

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996, 5 U.S.C. 801 et seq., requires the Department to comply with 
small entity requests for information and advice about compliance with 
statutes and regulations within the Department's jurisdiction. Any 
small entity that has a question regarding this document may contact 
the person listed in FOR FURTHER INFORMATION CONTACT paragraph, above. 
Persons can obtain further information regarding SBREFA on the Small 
Business Administration's web page at <a href="https://www.sba.gov/advocacy">https://www.sba.gov/advocacy</a>. 
This

[[Page 65512]]

proposed rule is not a major rule as defined by 5 U.S.C. 804 of the 
Congressional Review Act.

Executive Order 13132--Federalism

    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988--Civil Justice Reform

    This proposed regulation meets the applicable standards set forth 
in sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule will have no implications for Indian Tribal 
governments. More specifically, it does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
Therefore, the consultation requirements of Executive Order 13175 do 
not apply.

Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000, as adjusted for inflation, or more in any one 
year, and it will not significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires 
the Department to consider the impact of paperwork and other 
information collection burdens imposed on the public. The Paperwork 
Reduction Act applies to some records collected as part of this system 
of records. Relevant collections are approved by the Office of 
Management and Budget (OMB) and are assigned OMB control numbers.

List of Subjects in 28 CFR Part 16

    Administrative practice and procedure, Courts, Freedom of 
information, Privacy Act.

    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, 
the Department of Justice proposes to amend 28 CFR part 16 as follows:

PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. The authority citation for part 16 continues to read as follows:

    Authority:  5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 
534; 31 U.S.C. 3717.

Subpart E--Exemption of Records Systems Under the Privacy Act

0
1. Amend Sec.  16.100 by adding paragraphs (c) and (d) to read as 
follows:
    (c) The following system of records is exempted from subsections 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), and (H); and (f) of the 
Privacy Act:
    (1) BJS Statistical Data, (JUSTICE/OJP--017).
    These exemptions apply only to the extent that records in this 
system are subject to exemption pursuant to 5 U.S.C. 552a (k)(4).
    (d) The reasons for asserting these exemptions are to comply with 
the confidentiality provisions of 34 U.S.C. 10231 and 34 U.S.C. 30303 
and the requirement of 34 U.S.C. 10134 that the data is to be used 
solely for statistical purposes and for authorized purposes under the 
PREA (44 U.S.C. 3563) and DCRA (Pub. L. 113-242), and to avoid unlawful 
consideration of these records whose sole statistical use comports 
fully with a basic purpose of the Privacy Act, namely, that no adverse 
disclosures are made from these records as to any identifiable 
individual.

    Dated: October 5, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
[FR Doc. 2026-21060 Filed 10-14-26; 8:45 am]
BILLING CODE 4410-18-P


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