[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4497]


[[Page Unknown]]

[Federal Register: March 1, 1994]


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DEPARTMENT OF JUSTICE
Office of Justice Programs

 

Privacy Act of 1974; System of Records; Expansion of Denial or 
Federal Benefits Project Clearinghouse (DEBAR)

AGENCY: Department of Justice, Office of Justice Programs (OJP).

ACTION: Notice.

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SUMMARY: The Office of Justice Programs is publishing, as required by 
the Privacy Act of 1974, as amended, 5 U.S.C. 552a, this notice of an 
expansion of the system of records to include information pertaining to 
conviction of individuals for defense contract related felonies as 
required to implement Section 815 of the 1993 National Defense 
Authorization Act.

DATES: The Department of Justice has requested a waiver of the 60-day 
review period from the Office of Management and Budget. The effective 
date of this notice will be March 31, 1994.

ADDRESSES: Copies of supporting documentation are available for public 
inspection upon request at the following location: U.S. Department of 
Justice, Office of Justice Programs, Denial of Federal Benefits 
Project, 633 Indiana Avenue NW., room 542, Washington, DC 20531.

FOR FURTHER INFORMATION CONTACT:
Michael J. Dalich, Director, Denial of Federal Benefits Project, 
Department of Justice, Office of Justice Programs, at the address 
above; telephone (202) 307-0630.

SUPPLEMENTARY INFORMATION: Section 815 of the 1993 National Defense 
Authorization Act (Section 815 of Pub. L. 102-484), provides that 
individuals convicted of certain defense-contract related felonies are 
disqualified from employment by defense contractors or first tier 
subcontractors. The Attorney General has directed the Denial of Federal 
Benefits Clearinghouse of the Department of Justice to perform certain 
duties in order that the purpose of the statute might be fulfilled. 
These duties include maintaining an information clearinghouse for 
persons so disqualified and forwarding to the General Services 
Administration (GSA) data concerning court denials of Federal benefits 
for inclusion in GSA's Lists of Parties excluded from Federal 
Procurement or Nonprocurement Programs, more commonly referred to as 
the ``Debarment List.'' The system of records will be expanded in that 
the Denial of Federal Benefits Project (DFBP) Clearinghouse of the 
Office of Justice Programs will identify individuals disqualified under 
the 1993 National Defense Authorization Act and forward that 
information to the GSA. The Clearinghouse also will provide information 
on persons so convicted to defense-related contractors and first tier 
subcontractors as required for determination of employment eligibility 
purposes.
    This notice expands the previous OJP Denial of Federal Benefits 
Clearinghouse System (DEBAR) system of records notice to include the 
expanded system for implementation of the requirements of the 1993 
National Defense Authorization Act. (Section 815 of Pub. L. 102-484) 
(55 FR 149, August 2, 1990)
 OJP-13
    Denial of Federal Benefits Clearinghouse System (DEBAR).
    Office of Justice Programs; Denial of Federal Benefits Project 
(DFBP), 633 Indiana Avenue NW., room 542, Washington, DC 20531.
    Any individual convicted of a Federal or State offense involving 
drug trafficking or possession of a controlled substance who has been 
denied Federal benefits by Federal or State courts. The expanded system 
also will include persons convicted of defense-contract related 
felonies.
    Executed Denial of Federal Benefits Forms, court orders, Federal 
Agency Benefits Listings, and notices from U.S. Attorneys concerning 
convictions of defense-contract related felonies.
    The system is established and maintained in accordance with 21 
U.S.C. 853a.
    Records from this system will be disclosed routinely to the General 
Services Administration (GSA) for inclusion in the publication, Lists 
of Parties Excluded from Federal Procurement or Nonprocurement 
Programs, More commonly known as the ``Debarment List.'' Records from 
the system will routinely be disclosed to Federal agencies, defense-
related contractors and first-tier subcontractors to verify prior 
defense-contract related felonies that require such records to deny 
benefits or employment.
    Release of information in an adjudicative proceeding: Records and 
information within this system may be released in a proceeding before a 
court or adjudicative body before which the OJP is authorized to 
appear, when:
    i. The OJP, or any subdivision thereof; or
    ii. Any employee of the OJP in his or her official capacity; or
    iii. Any employee of the OJP in his or her individual capacity, 
where the Department of Justice has agreed to represent the employee; 
or
    iv. The United States, where the OJP determines that the litigation 
is likely to affect it or any of its subdivisions, is a party to 
litigation or has an interest in litigation and such records are 
determined by the OJP to be arguably relevant to the litigation.
    Release of information to the news media: Information permitted to 
be released to the news media and the public pursuant to 28 CFR 50.2 
may be made available from systems of records maintained by the 
Department of Justice, unless it is determined that release of the 
specific information in a particular case would constitute an 
unwarranted invasion of personal privacy.
    Release of information to Members of Congress: Information 
contained in systems of records maintained by the Department of 
Justice, not otherwise required to be released pursuant to 5 U.S.C. 
552, may be made available to a Member of Congress or a staff person 
acting on the Member's behalf, when the Member or staff officially 
requests the information on behalf of, and at the request of, the 
individual who is the subject of the record.
    Release of information to the National Archives and Records 
Administration (NARA) and to the General Services Administration (GSA): 
A record from a system of records may be disclosed as a routine use to 
NARA and GSA in records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    Information maintained in the system is stored on computer discs or 
diskettes for use in a computer environment, as well as in manual file 
folders.
    Data is retrievable by name of individual, social security number, 
or type of conviction.
    Information contained in the system is maintained in accordance 
with DFBP procedures. Manual information in the system is safeguarded 
in locked file cabinets within a limited access room in a limited 
access building. Access to manual files is limited to personnel who 
have a need for files to perform official duties. Operational access to 
information maintained on a dedicated computer system, with computer 
discs or diskettes, is controlled by levels of security provided by 
password keys to prevent unauthorized entry, and an audit trail of 
accessed information. Access is also limited to personnel who have a 
need to know to perform official duties.
    Data is maintained for current and prior years in a master file. 
Data is not destroyed, but maintained for historical purposes.
    Director, DFBP, Office of Justice Programs, 633 Indiana Avenue, 
NW., Room 542, Washington, DC 20531.
    Same as above.
    A request for access to a record from the system shall be in 
writing, with the envelope and letter marked ``Privacy Access 
Request''. Direct the access request to the System Manager listed 
above. Identification of individuals requesting access to their records 
will include fingerprinting (28 CFR 20.34).
    An individual desiring to contest or amend information maintained 
in the system should direct the request to the System Manager listed 
above. The request should state clearly and concisely the information 
being contested, the reasons for contesting the information, and the 
proposed information amendment(s) sought.
    Sources of information contained in the system are Federal and 
State courts, individuals convicted of certain drug offenses, and 
Federal agencies.
    None.
Laurie Robinson,
Acting Assistant Attorney General.
[FR Doc. 94-4497 Filed 2-28-94; 8:45 am]
BILLING CODE 4410-18-M