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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules
provisions of the Privacy Act claimed for this system of records, as well as other administrative modifications. For the reasons provided below, the Department proposes to amend its Privacy Act regulations. Public comments are invited.
DATES: Comments must be received by August 23, 2021.
ADDRESSES: You may send comments by any of the following methods:
Email: privacy.compliance@
usdoj.gov. To ensure proper handling, please reference the CPCLO Order No.
in the subject line of the message.
Fax: 2023070693.
Mail: United States Department of Justice, Office of Privacy and Civil Liberties, ATTN: Privacy Analyst, Two Constitution Square 2Con, 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.
Federal eRulemaking Portal: http
www.regulations.gov. 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 http www.regulations.gov terminates the publics ability to submit comments at that time. Commenters in time zones other than Eastern Time may want to consider this to ensure 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 http www.regulations.gov and in the Departments public docket.
Such information includes personally identifying information such as your name, address, etc. voluntarily submitted by the commenter. If you want to submit personally 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 PERSONALLY IDENTIFYING
INFORMATION in the first paragraph of your comment. You must also place all personally 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.

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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.
Personally 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 Departments public docket file. Please note that the Freedom of Information Act applies to all comments received. If you wish to inspect the agencys public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT
paragraph, below.
FOR FURTHER INFORMATION CONTACT:
Matrina Matthews, Executive Officer, Office of Legal Policy, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Room 4234, Washington, DC
205300001; telephone: 202 6160040;
email: matrina.matthews@usdoj.gov.
SUPPLEMENTARY INFORMATION: The Assistant Attorney General, OLP, is responsible for assisting the Attorney General in, inter alia, advising and assisting in the selection and appointment of Federal judges. OLP is comprised of attorneys and other DOJ
personnel responsible for assisting the Assistant Attorney General in executing the responsibilities of the office. DOJ
established the recently renamed system of records, Judicial Nominations Files, JUSTICE/OLP002, to maintain records primarily needed to assist the Assistant Attorney General, OLP, and the personnel within OLP, in assessing candidates for potential nomination to be a Federal judge and securing a judicial nominees confirmation and appointment.
OLP updated the system of records notice for JUSTICE/OLP002, 86 FR
37192 July 14, 2021, to account for a number of organizational, procedural, and technological changes that have modernized the information and information system used to collect, maintain, and disseminate these records. The Department determined that these updates to the system of records notice were necessary to accurately describe the Departments
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organizational, procedural, and technological changes.
As part of the existing process for reviewing an individuals potential nomination to a Federal judgeship or other related Executive Branch position, and securing confirmation, individuals agree to a number of evaluations, including but not limited to, a full background investigation. As disclosed in JUSTICE/OLP002, OLP will maintain records relating to these investigations in its system of records.
Given the law enforcement and national security information maintained in these records, as well as the examination materials used to assess a potential nominee, the Department has determined that it is appropriate to claim additional exemptions from certain Privacy Act provisions for these records.
Specifically, certain classified information may be maintained in JUSTICE/OLP002, including but not limited to, records related to a potential nominee that maintained a previous or current position with access to classified information and/or assigned to a national security sensitive position.
Given the law enforcement information that may be discovered as part of the nomination investigation and/or evaluations, certain investigatory materials for law enforcement purposes may be maintained in this system of records. Investigatory material may also be used in determining suitability, eligibility, or qualification decisions, and such information may require exemption to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Department under an express promise that the identity of the source would be held in confidence.
The Department also utilizes various examination materials to determine individual qualifications for appointment, which if disclosed, could compromise the objectivity or fairness of the Departments examination and vetting process.
Finally, as an administrative matter, the Department proposes to modify 28
CFR 16.73 as a result of the rescindment of JUSTICE/OLP001, Freedom of Information and Privacy Appeals Index, and JUSTICE/OLP004, Declassification Review System. See 66 FR 29994 June 6, 2001. Specifically, the administrative edits proposed in this rule would: 1 Remove the current paragraphs g, and h; and 2 revise 28
CFR 16.73a, b, c, and d, to account for OLPs two remaining systems of records that claim Privacy Act exemptionsJUSTICE/OLP002 and the
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