[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
