# Privacy Act of 1974; Notice of New System of Records

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-356

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 8, 1997
- **Citation:** 62 FR 1130

## Text

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-356. Public record. Not legal advice.