Privacy Act of 1974; Notice of New System of Records

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

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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]

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