[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Notices]
[Pages 25071-25073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11662]
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DEPARTMENT OF JUSTICE
EAAG/A Order No. 163-99]
Privacy Act of 1974; Notice of Modified System of Records
Section 5301 of the Anti-Drug Abuse Act of 1988 (Pub. L. 100-690,
codified at 21 U.S.C. 862), and section 815 of the 1993 National
Defense Authorization Act (Pub. L. 102-484 codified at 10 U.S.C. 2408),
provide that certain individuals convicted of drug trafficking or
possession are disqualified from receiving certain Federal benefits,
and individuals convicted of certain defense-contract related felonies
may not be employed by or engage in certain activities with 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 this
act 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 for Federal
[[Page 25072]]
Procurement and Nonprocurement Programs, more commonly referred to as
the ``Debarment List'' and for employment eligibility purposes.
The Department now proposes to modify the system to clarify an
existing Privacy Act routine use disclosure regarding the disclosure
for disqualification for certain Federal benefits, defense-related
employment, and other activities and to reinstate a Privacy Act routine
use regarding disclosure to courts for verification purposes. The
routine use disclosure, as modified, allows for disclosure to Federal
agencies, certain private entities, certain defense-related contractors
and first-tier subcontractors, and makes it clear that such parties
will only have access to Clearinghouse information in order to verify
eligibility for Federal benefits, employment or other certain
activities, pursuant to the mandate in the Anti-Drug Abuse Act and the
Defense Authorization Act. The routine use will permit disclosure of
information to these parties only for the aforementioned purposes. In
addition, a routine use disclosure to courts is being reinstated to
allow for disclosure of clearinghouse information for verification
purposes.
Moreover, the Department is expanding the record source category to
include: (1) The individuals convicted of qualifying offenses and, (2)
U.S. Attorneys.
A number of smaller, less substantive changes are also being made.
The system location section is being revised to reflect the current
location of the system at 810 Seventh Street, NW., Washington, DC
20531. The authority section is being revised to refer to the current
statutory citations, 21 U.S.C. 862 and 10 U.S.C. 2408(c). The system is
also being revised to reflect the fact that information is now being
maintained in a database in a secured computer network and the
information is now retrievable by case number, as well as name of
individual and Social Security number. The reference to computer
diskettes under Safeguards has been removed, as information is no
longer being maintained in that format. Finally, the category of
records section is being revised to include additional clarifying
information and to read more clearly.
Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given
30 days in which to comment on the proposed new routine uses. Any
comments must be submitted in writing to Mary Cahill, Management
Analyst, Management and Planning Staff, Justice Management Division,
Department of Justice, Washington, DC 20530 June 1, 1999.
As required by 5 U.S.C. 552a(r) and Office of Management and Budget
(OMB) implementing regulations, the Department of Justice has provided
a report on the proposed changes to OMB and the Congress.
A modified system description is set forth below.
Dated: April 30, 1999.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/OJP-13
System name:
Denial of Federal Benefits Clearinghouse System (DEBAR).
System location:
Office of Justice Programs; Denial of Federal Benefits Program
(DFBP), 810 Seventh Street NW, Washington, DC 20531.
Categories of individuals covered by the system:
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 and any individual
convicted of defense-contract related felonies.
Categories of records in the system:
Records include any which are necessary to identify a person who is
convicted of drug trafficking or possession of a controlled substance
and sentenced by a State or Federal judge to a denial of Federal
benefits pursuant to 21 U.S.C. 862; convicted of a defense contract-
related felony and sentenced by a Federal judge to a denial of Federal
benefits pursuant to 10 U.S.C. 2408; and any records which may be
relevant to consideration of employment or other Federal benefits. For
example, included are current and prior offense and arrest data such as
type of offense for which the individual is being placed on a list of
ineligibles to receive benefits; court and sentencing data, including
community service sentencing, if any; identification of benefits to be
denied and status thereof, including period of denial; and treatment
data. Records also include court orders, notices from U.S. Attorneys
concerning convictions, Federal agency benefit listings, and a log of
groups or individuals requesting information about an offender's
denials.
Authority for maintenance of the system:
The system is established and maintained in accordance with 21
U.S.C. 862 and 10 U.S.C. 2408(c).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records, or any information derived therefrom, may be disclosed as
follows: to the General Services Administration (GSA) for inclusion in
the publication, ``Lists of Parties Excluded from Federal Procurement
and Nonprocurement Programs,'' more commonly known as the ``Debarment
List;'' to Federal agencies, certain private entities, certain defense-
related contractors and first-tier subcontractors that require access
to such records in order to verify disqualifying convictions prior to
awarding a Federal benefit, as defined under 21 U.S.C. 862, or
employment under 10 U.S.C. 2408(a); to the sentencing court for
verification purposes; 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; 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; 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; to the National
Archives and Records Administration (NARA) and the General Services
Administration (GSA) in records management inspections conducted under
the authority of 44 U.S.C. 2904 and 2906.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information maintained in the system is stored in a database on a
secured computer network, as well as in manual file folders.
RETRIEVABILITY:
Data is retrievable by name of individual, social security number,
and case number.
[[Page 25073]]
SAFEGUARDS:
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, 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.
RETENTION AND DISPOSAL:
Data is maintained for current and prior years in a master file.
Data is not destroyed, but maintained for historical purposes.
SYSTEM MANAGER(S) AND ADDRESS:
Director, DFBP, Office of Justice Programs, 810 Seventh Street, NW,
Washington, DC 20531.
NOTIFICATION PROCEDURE:
Same as above.
RECORD ACCESS PROCEDURES:
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).
CONTESTING RECORDS PROCEDURES:
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.
RECORD SOURCE CATEGORIES:
Sources of information contained in the system are Federal and
State courts, individuals convicted of certain drug offenses,
individuals convicted of defense-contract related felonies, United
States Attorneys, and Federal agencies.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 99-11662 Filed 5-7-99; 8:45 am]
BILLING CODE 4410-CJ-M
