Privacy Act of 1974; System of Records, 64740-64742 [E6-18477]

Agencies

• Department of Justice

[Federal Register Volume 71, Number 213 (Friday, November 3, 2006)]
[Notices]
[Pages 64740-64742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18477]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 017-2006]


Privacy Act of 1974; System of Records

AGENCY: Office of Attorney Recruitment and Management, Justice 
Management Division, U.S. Department of Justice.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), notice is given that the Department of Justice (DOJ or 
the Department), Justice Management Division's Office of Attorney 
Recruitment and Management (OARM) proposes to establish a new system of 
records entitled ``Attorney Student Loan Repayment Program Applicant 
Files.'' The Department is implementing the Federal Government's 
authority set forth at 5 U.S.C. 5379 to establish a program providing 
for repayment of federally made or insured student loans when necessary 
to attract or retain highly qualified individuals for employment as 
attorneys within DOJ. Subject to the requirements of law and 
regulation, the Department can make payments to Federal student loan 
holders (lenders) on behalf of an employee, thus reducing an employee's 
Federal student loan debt.

DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and 
(11), the public is given a 30-day period in which to comment. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, requires a 40-day period in which to 
conclude its review of the system. Therefore, please submit any 
comments on or before December 13, 2006.

ADDRESSES: The public, OMB, and the Congress are invited to submit any 
comments to Mary E. Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
1400, National Place Building).

FOR FURTHER INFORMATION CONTACT: Mary E. Cahill, (202) 307-1823.

SUPPLEMENTARY INFORMATION: The Privacy Act (5 U.S.C. 552a(e)(4)) 
requires the Department to publish in the Federal Register this notice 
of a new system of records managed by the Department. The Department's 
regulations implementing the Act are contained in 28 CFR part 16. The 
Privacy Act applies to a record about an individual that is maintained 
in a system of records from which information is retrieved by a unique 
personal identifier, such as a name or social security number. The 
information about each individual is called a ``record,'' and the 
system, whether manual or computer-driven, is called a ``system of 
records.'' The Privacy Act requires each agency to publish notices of 
systems of records in the Federal Register and to prepare reports to 
OMB whenever the agency publishes a new or ``altered'' system of 
records.
    The records in this system contain requests for repayment benefits, 
information pertaining to the DOJ employees who are approved to receive 
benefits, as well as the benefit amounts and service agreements 
specific to each individual case. Information contained in this system 
will be used by the Department to compile annual reports for the Office 
of Personnel Management (OPM) on the Department's use of the Student 
Loan Repayment authority.
    The official version of this document is the document published in 
the Federal Register. Free Internet access to the official edition of 
the Federal Register and the CFR is available on GPO Access at: https://
www.access.gpo.gov/nara/.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: October 16, 2006.
Lee Lofthus,
Acting Assistant Attorney General for Administration.
JUSTICE MANAGEMENT DIVISION, JMD-024

SYSTEM NAME:
    Attorney Student Loan Repayment Program Applicant Files, Justice/
JMD-024.

SECURITY CLASSIFICATION:
    The information in this system is not classified.

SYSTEM LOCATION:
    Records in this system are located at the Department of Justice, 
Justice Management Division, Office of Attorney Recruitment and 
Management, 20 Massachusetts Avenue, NW., Suite 5100, Washington, DC 
20530.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records and related correspondence on persons 
serving in or hired to serve in a Department attorney position who 
submit applications for participation in the Attorney Student Loan 
Repayment Program (ASLRP), as well as attorneys who have been 
previously approved for and who are presently receiving or previously 
have received such benefits.

[[Page 64741]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include: employees' (or potential employees') names, 
home and work addresses, social security numbers, student loan account 
numbers, loan balances, repayment schedules, repayment histories, and 
repayment status. They may also include loan holders' names, addresses, 
and telephone numbers, Employee Service Agreements, justifications, and 
other correspondence relating to employees' (or potential employees') 
applications.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system is based on the provisions of 5 U.S.C. 5379, as amended.

PURPOSE(S):
    The ASLRP is an agency recruitment and retention incentive program. 
Based on the provisions of 5 U.S.C. 5379, as amended, the ASLRP is an 
incentive program designed to recruit and retain highly qualified 
attorneys for hard-to-fill positions. Any Department of Justice 
employee serving in or hired to serve in an attorney position may 
request consideration for the ASLRP.
    Records in this system are necessary in order for the Department to 
determine the eligibility of each applicant requesting consideration 
for a student loan repayment. These records are maintained to determine 
eligibility and benefits and to process requests to receive student 
loan repayments. The records are also used by the Department to prepare 
its reports for the Office of Personnel Management (OPM), as required 
by 5 CFR 537.110.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records or information from this system of records may be disclosed 
under the following circumstances when it has been determined by the 
Department of Justice that such a need exists:
    1. To the news media and the public, including disclosures pursuant 
to 28 CFR 50.2, unless it is determined that release of the specific 
information in the context of a particular case would constitute an 
unwarranted invasion of personal privacy.
    2. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests information on behalf of, and at the 
request of, the individual who is the subject of the record.
    3. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    4. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, tribal, or foreign 
law enforcement authority or other appropriate entity charged with the 
responsibility of investigating or prosecuting such a violation or 
charged with enforcing or implementing such law.
    5. In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice determines that 
the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator determines the records to be relevant to the 
proceeding.
    6. To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    7. To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance, the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance of a grant or benefit.
    8. To federal, state, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    9. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    10. To a former employee of the Department for purposes of: 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    11. To OPM, any records or information in this system of records 
that OPM requests or requires pursuant to OPM's oversight and 
regulatory functions.
    12. To other Federal agencies, hearing or court officials, and 
present employers of an employee in order for the Department to obtain 
repayment, if an employee fails to complete the period of employment 
under a service agreement and fails to reimburse the Department the 
amount of any student loan repayment benefits the employee received 
from the Department.
    13. To the Department's payroll processing provider in order to 
calculate tax withholding and disburse payments of student loan 
repayment benefits to loan holders on behalf of employees approved to 
receive this benefit.
    14. To student lending institutions or loan holders in order to 
obtain information (such as a borrower's account number, original and 
current loan balance, repayment schedule, repayment history, and 
current repayment status) to allow the Department to determine an 
employee's or potential employee's initial and continuing eligibility 
for this program, to facilitate accurate payments to student loan 
holders on behalf of eligible employees, and to ensure the Department 
discontinues making student loan repayments to individuals who do not 
remain eligible for them during the period of the service agreement.
    15. To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, local, tribal, or foreign) where the 
information is relevant to the recipient entity's law enforcement 
responsibilities.
    16. To appropriate agencies, entities, and persons when (1) it is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

[[Page 64742]]

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in hard copy and in electronic form 
accessible with office automation software on Department computers 
within OARM's office suite.

RETRIEVABILITY:
    Information is typically retrieved by name of the individual, or 
other personal identifiers (e.g., social security number).

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable rules and policies, including the Department's automated 
systems security and access policies. Records in this system are 
maintained in restricted access space in Department controlled 
facilities and offices. Computerized data is password protected. The 
information is accessed only by authorized Department personnel or by 
non-Department personnel properly authorized to assist in the conduct 
of an agency function related to these records. All physical access to 
the building where these records are maintained is controlled and 
monitored by security personnel.

RETENTION AND DISPOSAL:
    The retention and disposal schedule for these records is pending 
approval of the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Attorney Recruitment and Management, Justice 
Management Division, 20 Massachusetts Avenue, NW., Suite 5100, 
Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Address inquiries to the System Manager named above.

RECORD ACCESS PROCEDURE:
    Requests for access to a record from this system must be in writing 
and should be addressed to the System Manager named above. The envelope 
and the letter should be clearly marked ``Privacy Act Request.'' 
Requests for access to records must comply with the Department's 
Privacy Act regulations, to include a general description of the 
records sought, and the requester's full name, current address, and 
date and place of birth. The request must be signed and dated, and 
either notarized or submitted under penalty of perjury. The requester 
may submit any other identifying data he/she wishes to furnish to 
assist in making a proper search of the system.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
this system should direct their requests according to the Records 
Access procedures and to the System Manager above, stating clearly and 
concisely what information is being contested, the reasons for 
contesting it, and the proposed amendment to the information sought.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the 
individual to whom the information applies, lending institutions 
holding student loans for the individual to whom the information 
applies, officials of the Department, and official Department 
documents.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
 [FR Doc. E6-18477 Filed 11-2-06; 8:45 am]
BILLING CODE 4410-PB-P