Privacy Act: [ JUSTICE/JMD-008] Security Clearance Information System (SCIS)....

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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]


[Page 20685-54783]



   #.DEPARTMENT OF JUSTICE


                       Justice Management Division

   #.. JUSTICE/JMD-001

   #....System name: Background Investigation Check-off Card.

     System location: 
       U.S. Department of Justice, 633 Indiana Avenue, NW, Suite 402, 
   Washington, DC 20530.
     Categories of individuals covered by the system: 
       All employees of the Offices, Boards, and Divisions except 
   employees in the U.S. Attorneys Offices, and the Executive Office for 
   U.S. Attorneys, for whom the U.S. Office of Personnel Management 
   conducts background investigations.
     Categories of records in the system: 
       The system contains an index card for each employee of the 
   Offices, Boards, and Divisions, except those excluded in Categories 
   of Individuals above, on whom a name and fingerprint or background 
   investigation has been initiated.
     Authority for maintenance of the system: 
       The system is established and maintained in order to fulfill the 
   requirements of Executive Order 10450.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       The index cards are used to annotate and monitor the progress of 
   the name and fingerprint checks and the full field character 
   investigations of the employes. The completed cards are used to 
   develop a variety of workload and timeframe data concerning the 
   initiation and completion of these investigations to ensure that the 
   requirements of Executive Order 10450 and Department of Justice Order 
   2610.2 are being effectively and efficiently met.
       Release of Information to the News Media:
       Information permitted to be released to the news media and the 
   public pursuant to 28 CFR part 502 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 the context of 
   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 
   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 subject to 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.
       Pursuant to subsection (b)(3) of the Privacy Act, the Department 
   of Justice may disclose relevant and necessary information 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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Information maintained in the system is manually stored in the 
   boxes.
     Retrievability: 
       Information is retrieved manually by reference to the name of the 
   employee on whom the investigation is being conducted.
     Safeguards: 
       Information contained in the system is unclassified. It is 
   safeguarded and protected in accordance with Personnel Service 
   policies and procedures.
     Retention and disposal: 
       When a full-field background investigation or National Agency 
   Check is initiated, the background investigation check-off card is 
   forwarded to the Justice Management Division Security Staff where it 
   is ultimately merged in system Justice/JMD-008, Security Clearance 
   Information System.
     System manager(s) and address: 
       Assistant Director, Personnel Service, Justice Management 
   Division, U.S. Department of Justice, Suite 402, IND Building, 
   Washington, DC.
     Notification procedure: 
       Same as the System Manager.
     Record access procedures: 
       Same as the System Manager.
     Contesting record procedures: 
       Same as the System Manager.
     Record source categories: 
       The sources of information contained in this system are those 
   Personnel Service employees authorized to annotate these cards. 
   Information reported is extracted from personnel documents initiating 
   the various investigations and the resulting reports of completion.
     Systems exempted from certain provisions of the act: 
       None.

   #..JUSTICE/JMD-002

   #....System name: 

       Controlled Substances Act Nonpubic Records.
     System location: 
       U.S. Department of Justice, Justice Management Division, 
   Information Management and Security Staff, Washington, DC 20530.
     Categories of individuals covered by the system: 
       Persons found guilty for the first time of violating section 404 
   of the Controlled Substances Act (21 U.S.C. 844), i.e., persons who 
   knowingly or intentionally possessed a controlled substance, except 
   as authorized by the Act, whose cases have been in subject of a 
   disposition under 18 U.S.C. 3607(a) or an order of expungement under 
   18 U.S.C. 3607(c).
     Categories of records in the system: 
       Arrest records of law enforcement agencies, which include 
   personal data, photographs, fingerprints, copies of court orders and 
   Form OBD-140 (18 U.S.C. 3607).
     Authority for maintenance of the system: 
       This system is established and maintained in accordance with 
   Public Law 98-473, Chapter II, the sentencing Reform Act of 1984 (18 
   U.S.C. 3607).
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       These records are retained by the Department of Justice and are 
   available only to a Federal court upon that court's issuance of an 
   order demanding such records solely for the purpose of use by said 
   court in determining whether or not a person found guilty of an 
   offense under section 404 of the Controlled Substances Act (21 U.S.C. 
   844) qualifies for the disposition provided in 18 U.S.C. 3607(a) or 
   the expungement provided in 18 U.S.C. 3607(c).
       Release of information to the National Archives and Records 
   Administration:
       Subject to approval by the Attorney General or the President 
   under 44 U.S.C. 2906, a record from this system of records may be 
   disclosed to the National Archives and Records Administration (NARA) 
   as part of a records management inspection conducted under the 
   authority of 44 U.S.C. 2904.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:  
     Storage: 
       Records are stored in a locked room.
     Retrievability: 
       Records are indexed by the name of the offender.
     Safeguards: 
       Access to these records is restricted to the Departmental Records 
   Officer and Assistant Director, Information Security and Records 
   Management, information Management and Security Staff, Justice 
   Management Division.
     Retention and disposal: 
       Records are retained in accordance with records retention and 
   disposal schedules approved by the Archivist of the United States.
     System manager(s) and address: 
       Director, Information Management and Security Staff, Justice 
   Management Division, U.S. Department of Justice, Washington, DC 
   20530.
     Notification procedure:
       Same as the System Manager.
     Record access procedures: 
       Same as the System Manger.
     Contesting record procedures: 
       Same as the system manager.
     Record source categories: 
       Law enforcement agencies and Federal courts.
     Exemptions claimed for the system:
       The Attorney General has exempted the system from subsection (d) 
   of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). Rules have been 
   promulgated in accordance with the requirements of 5 U.S.C. 553(b)(c) 
   and (e) and have been published in the Federal Register. A proposed 
   rule which update the justification for the exemption is being 
   published in today's Federal Register.

   #..JUSTICE/JMD-003

   #....System name: 

       Department of Justice Payroll System, Justice/JMD-003.
     System location: 
       Payroll records in electronic or paper format may be found in the 
   following locations:
       a. Post Conversion Records: \1\ on a computer maintained by the 
   NFC in New Orleans, Louisiana; and at backup facilities in 
   Philadelphia. Relevant data may also be stored on Justice Data Center 
   Computers at the Department of Justice for use in distributing 
   accounting information to the individual Bureaus. Paper and 
   electronic payroll information may be kept at various time and 
   attendance recording and processing stations around the world. Paper 
   records may be located in the Department's Personnel Staff, in 
   servicing personnel offices throughout the Department, and in the 
   offices of employee supervisors and managers.
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     \1\ The Department is under contract with the Department of 
   Agriculture's National Finance Center (NFC) to maintain payroll 
   information and conduct payroll-related activities for its employees. 
   Conversion began in July of 1991 and was incrementally completed as 
   of May of 1993.
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       b. Pre-Conversion Historical Records: on magnetic tape at the 
   Justice Data Center in Rockville, Maryland; on microfiche maintained 
   by the Department's Finance Staff; and in paper format maintained by 
   the Department's Finance and Personnel Staffs, servicing personnel 
   offices, and offices of employee supervisors and managers.
       c. Post Conversion Historical Records: On a server at the Justice 
   Data Center in Rockville, Maryland. Information may include any post 
   conversion payroll data for which a determination is made that such 
   data no longer requires storage in a current status. For example, it 
   may be determined that data for a designated period of time no longer 
   requires storage on the NFC data base or on the Justice Data Center 
   computers.
     Categories of individuals covered by the system: 
       Current and former DOJ employees (excluding the FBI).
     Categories of records in the system: 
       Any and all records essential to the conduct of payroll-related 
   activities. Included may be:

         --Personal Identifying/personnel data
         --Time and attendance records
         --Leave records
         --Allotment or deduction information such as bonds, 
   garnishments, health benefits, life insurance, Thrift Savings Plan 
   and other savings, retirement, and union dues.
         --Travel and Relocation information
         --Court orders to initiate garnishments
         --Check mailing information
         --Tax, withholding, and exemption information
         --Accouting and organization funding information
         --Salary, severance pay, award, and bonus information; active 
   retirement records
         --Former employee pay records
         --Employee death records
         --Returned employee check records
         --Indebtedeness records, e.g., overpayment of pay or travel
     Authority for maintenance of the system:  Budget and Accounting Act 
   of 1950, as amended, 31 U.S.C. 66, 66a, and 20(a).
   Purpose(s):  This system of records is maintained to enable the 
   Department to administer the payroll and payroll-related functions, 
   and any other related financial matters, in accordance with 
   applicable laws and regulations and the requirements of the General 
   Accounting Office (GAO) and the Office of Personnel Management (OPM). 
   It enables the Department to prepare and document payment to all 
   Department employees entitled to be paid and to effect all authorized 
   deductions from gross pay; to coordinate pay, leave and allowance 
   operations with personnel functions and other related activities; 
   meet internal and external reporting requirements; support 
   investigations of fraud, the collection of debts, and litigation 
   activities.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Pursuant to Subsection (b)(3) of the Privacy Act, the Department 
   of Justice (DOJ) may disclose relevant and necessary data as follows:
       To contractors, grantees, experts, consultants, detailees, and 
   other non-DOJ employees 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 sytem of records.
       In accordance with an interagency agreement (as provided for in 
   Office of Management and Budget (OMB) implementing regulations (40 FR 
   28948)), the DOJ may disclose to the U.S. Department of Agriculture 
   (USDA), National Finance Center (NFC), in order to effect all 
   financial transactions on behalf of the DOJ related to employee pay.
       Specifically, the NFC may effect employee pay or deposit funds on 
   behalf of DOJ employees, and/or it may withhold, collect or offset 
   funds from employee salaries as required by law or as necessary to 
   correct overpayment or amounts due. For example, the NFC will 
   routinely make the necessary disclosures to Treasury for the issuance 
   of checks; to Federal, State, and local authorities and the Social 
   Security Administration for tax withholdings; and, according to 
   employee directions, to the appropriate financial institutions, 
   charitable organizations, unions, health carriers, or other 
   appropriate entities to effect such pay distributions as savings 
   bonds, charitable contributions, allotments, alimony, child support, 
   union dues, and health and life insurance. In addition, the NFC will 
   use the data to perform related administrative activities such as to 
   certify payroll vouchers chargeable to DOJ funds; and either to 
   perform or participate in routine audit/oversight operations of USDA/
   DOJ management and/or of GAO, OMB, and OPM; and to meet related 
   reporting requirements.
       In addition, based on such data as the DOJ has input to the NFC 
   data base for these purposes, the DOJ may subsequently make a paper 
   request, or an electronic request to the NFC data base, for 
   information which will allow the DOJ to disclose relevant information 
   as follows; or, where appropriate or necessary, DOJ may authorize the 
   NFC to make the disclosure:
       To Federal, State, or local housing authorities to enable these 
   authorities to determine eligibility for low cost housing.
       To heirs, executors and legal representatives of beneficiaries 
   for estate settlement purposes.
       To State and local courts of competent jurisdiction for the 
   enforcement of child support, alimony, or both, pursuant to 41 U.S.C. 
   659.

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