[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Pages 1130-1132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-356]


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DEPARTMENT OF JUSTICE
[AAG/Order No. 125-96]


Privacy Act of 1974; Notice of New System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
given that the Office of Community Oriented Policing Services 
(``COPS''), Office of the Police Corps and Law Enforcement Education, 
proposes to establish a new system of

[[Page 1131]]

records entitled, ``Police Corps System, Justice/COPS-001.''
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
provided a 30-day period in which to comment on the routine uses of a 
new system. The Office of Management and Budget (OMB), which has 
oversight responsibilities under the Privacy Act, requires that it be 
given a 40-day period in which to review the system.
    Therefore, please submit any comments by February 7, 1997. The 
public, OMB, and the Congress are invited to send written comments to 
Patricia E. Neely, Program Analyst, Information Management and Security 
Staff, Justice Management Division, Department of Justice, Washington, 
D.C. 20530 (Room 850, WCTR).
    A description of the system of records is provided below. In 
addition, the Department has provided a report to OMB and the Congress 
in accordance with 5 U.S.C. 552a(r).

    Dated: December 9, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.

System name:
    Police Corps System, Justice/COPS-001.

System location:
    Records may be retained at the U.S. Department of Justice 
(``DOJ''), Office of Community Oriented Policing Services (``COPS''), 
Office of the Police Corps and Law Enforcement Education, 1100 Vermont 
Ave., NW., Washington, DC 20530.

Categories of individuals covered by the system:
    Individuals who have applied for educational scholarships under the 
Police Corps Program; individuals who have been approved to receive 
such scholarships; and individuals who either are receiving, or have 
received, funds provided under the Police Corps Program.

Categories of records in the system:
    Included are any records which may assist COPS in its 
administration of the Police Corps Program. Records may include an 
individual's name; Social Security number; current residence and 
telephone number; financial data; scholarship application and 
associated forms; personal, professional and demographic background 
information (including age, race and gender); educational background 
and achievements; progress reports; designated police department 
assignment; and employment record within the assigned police 
department. Records may also include those generated as a result of a 
scholarship recipient's failure to serve in a designated agency or 
otherwise fulfill the terms of the agreement (e.g. amounts due; status 
of claim; history of claim; and other records relevant to the 
scholarship recipient's failure to fulfill the terms of the agreement).

Authority for maintenance of the system:
    This system of records is established and maintained under the 
authority of 5 U.S.C. 552a and 42 U.S.C. 14095, 14097, 14102.

Purpose(s):
    The purpose of the Police Corps System of Records is to support 
COPS in its administration of the Police Corps program which provides 
educational scholarships to students in exchange for their commitment 
to serve in a designated police department upon graduation. It will 
enable COPS to monitor the progress of the Police Corps program and its 
scholarship recipients, to maintain records on and to verify that all 
of the scholarship applicants and/or recipients have provided accurate 
background information, to calculate and verify amounts of educational 
assistance to be awarded, to process scholarship-related payments, and 
to select the State agencies which will participate in the Police Corps 
program. It will also allow COPS to pursue the collection of debts 
associated with the granting of scholarships.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. Relevant information may be used by Department of Treasury 
personnel in the processing of scholarship-related payments.
    2. Relevant records may be disclosed, as appropriate, to designated 
State agencies to assist them in recruiting, screening and matching 
individuals with an appropriate police department.
    3. Relevant records may be disclosed to contractors and 
subcontractors to the extent necessary to perform the required law 
enforcement training, administrative tasks, technical installations, 
maintenance operations and/or other similar duties.
    4. In the event that a record(s) indicates a violation or a 
potential violation of the law, whether civil, criminal or regulatory 
in nature, the relevant records may be disclosed to the agency charged 
with enforcing or implementing such law.
    5. Relevant records may be disclosed to a court or adjudicative 
body before which DOJ is authorized to appear when any of the following 
is a party to the litigation or has an interest in the litigation, and 
such records are determined by COPS to be arguably relevant to the 
litigation: a) COPS or any subdivision thereof; b) any COPS or other 
DOJ employee in his or her official capacity; c) any COPS or other DOJ 
employee in his or her individual capacity where DOJ has agreed to 
represent the employee; or d) the United States, where COPS has 
determined that the litigation is likely to affect it or any of its 
subdivisions.
    6. Relevant records may be disclosed to an actual or potential 
party or to his or her attorney for the purpose of negotiation or 
discussion on such matters as settlement of the case or matter, or 
informal discovery proceedings.
    7. Relevant records may be disclosed to a Federal agency in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of any 
employee, the letting of a contract, or the issuance of a license, 
grant or other benefit by the requesting agency, to the extent that the 
information relates to the requesting agency's decision on the matter.
    8. Relevant records may be disclosed to Federal, State, and local 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    9. Relevant records may be disclosed to the National Archives and 
Records Administration and the General Services Administration for use 
in records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    10. Relevant records may be disclosed to other Federal or State 
agencies as specified in applicable law or implementing regulations.
    11. Relevant records may be disclosed to the news media and the 
public pursuant to 28 CFR 50.2 unless it is determined that the release 
of the specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.
    12. Relevant records may be disclosed 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.
    13. Relevant records may be disclosed to the Internal Revenue 
Service to obtain addresses which may be used to locate a scholarship 
recipient, including

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delinquent scholarship recipients; or, where appropriate, to obtain 
information such as will enable COPS to assess and verify the ability 
of a delinquent scholarship recipient to repay debts owed to the 
Federal Government, e.g., information as to whether a scholarship 
applicant has a delinquent tax account, or a tax refund due.
    14. Relevant records may be provided to another Federal agency to 
effect either a salary offset or an authorized administrative offset to 
a delinquent account in order to collect debts owed to the Federal 
Government; or, when other collection efforts have failed, to the IRS 
to effect an offset against Federal income tax refund due, but only 
after due process requirements have been met.
    15. Relevant records may be disclosed to any third party who may 
possess the information such as the U.S. Post Office, a State motor 
vehicle administration, a professional organization, an alumni 
association, etc., to obtain a current mailing address of the 
scholarship recipient, including delinquent scholarship recipients, in 
order to locate such individual(s).
    16. Relevant records may be disclosed to a Federal, State, local, 
or foreign agency, or to an individual or organization, if there is 
reason to believe that such agency, individual, or organization 
possesses information relating to the debt, the identity or location of 
the debtor, the debtor's ability to pay, or relating to any other 
matter which is relevant and necessary to the settlement, effective 
litigation and enforced collection of the debt, or relating to the 
civil action trial or hearing, and the disclosure is reasonably 
necessary to elicit such information or to obtain the cooperation of a 
witness or an agency.
    17. Addresses obtained from the IRS may be redisclosed as follows:
    (a) To debt collection agencies (or agents), but only for the 
purpose of locating an individual(s) to collect or compromise a claim;
    (b) To consumer reporting agencies as part of the information 
provided under subsection (b)(12) (described below) which is directly 
related to the identity of the debtor.

Disclosure to Consumer Reporting Agencies in accordance with section 
3711(f) of Title 31 (as authorized under subsection (b)(12) of the 
Privacy Act (5 U.S.C. 552a)):
    Information may be disclosed to a consumer reporting agency (as 
defined by 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3)) where such 
information is directly related to the identity of the debtor, i.e., 
name, address, and taxpayer ID (SS#), together with the amount, status, 
and history of claim, and agency or program under which claim arose, 
for the purpose of encouraging repayment of overdue debts, e.g., to 
provide an incentive for delinquent scholarship recipients to repay 
Federal Government debts by making these debts a part of their credit 
records. Such disclosure may be made only when a claim is overdue and 
only after due process steps have been taken to notify the delinquent 
recipient and give him or her a chance to meet the terms of the debt. 
Prior to such disclosure, satisfactory assurances will be obtained from 
such consumer reporting agency concerning compliance by that agency 
with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any 
other Federal law governing the provisions of consumer credit 
information.

Policies and practices for storing, retrieving, accessing, Retaining, 
and disposing of records in the system: Storage:
    Information may be stored on electronic media via a configuration 
of personal computers, servers and mainframes, using hard disks, floppy 
diskettes, magnetic tape, compact disks, and/or optical disks. 
Documentary records will be maintained in file folders.

Retrievability:
    Records will be retrievable by identifying an individual's name; 
Social Security number; police department assignment; educational 
institution; or other identifying number or characteristic.

Safeguards:
    Information will be safeguarded in accordance with U.S. Department 
of Justice rules and policies governing the security and access to 
automated information systems. These safeguards include the use of 
passwords and user identification codes to limit access only to 
authorized personnel in the performance of their official duties with 
respect to the Police Corps program. Additionally, paper records will 
be stored in secured areas to prevent unauthorized access. Moreover, 
any individual who has access to the system of records will be required 
to protect the information from public view and from unauthorized use.

Retention and disposal:
    Records will be retained and/or destroyed in accordance with U.S. 
Department of Justice rules and policies. The retention and destruction 
schedule for these records in pending approval. Computerized records 
will be destroyed by shredding, degaussing, etc., and documentary 
records will be destroyed by shredding.

System manager(s) and address:
    Director, Office of Community Oriented Policing Services, Office of 
the Police Corps and Law Enforcement Education, 1100 Vermont Avenue, 
N.W. Washington, D.C. 20530.

Notification procedure:
    Please direct any inquiries concerning the system of records, 
including questions relating to whether the system contains information 
about you, to the System Manager identified above.

Record access procedures:
    Address requests in writing to the System Manager identified above, 
and provide a reasonable description of the record being sought.

Contesting record procedures:
    Address requests in writing to the System Manager identified above 
and provide a reasonable description of the record; state clearly and 
concisely the information being contested, the reasons for requesting 
the correction, and the proposed amendment to the information. In 
addition, provide supporting information to show how the record is 
inaccurate, incomplete, untimely, or irrelevant.

Record source categories:
    All information contained in the system of records is obtained from 
the individuals covered by the system; their educational institutions; 
consumer reporting agencies; designated State agencies; other Federal 
agencies, including but not limited to the IRS and the U.S. Postal 
Service; and third parties who serve as references for the individual.

Systems Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 97-356 Filed 1-7-97; 8:45 am]
BILLING CODE 4410-01-M