[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Notices]
[Pages 33438-33440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16051]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[AAG/A Order No. 136-97]


Privacy Act of 1974; Notice of Modified System of Records

    Pursuant to the Cash Management Improvement Act Amendments of 1992 
(102-589), the Department of Justice published the Debt Collection 
offset Payment System, Justice/JMD-009 on April 11, 1994 (54 17111). 
The primary purpose for establishing the system of records was to 
determine whether administrative offset of delinquent debts could be 
made by Federal agencies against compensation due delinquent debtors 
who are present or former employees of such agencies, or present or 
former members of the Armed Forces. Ancillary purposes were to refer 
delinquent debts to the Internal Revenue Service (IRS) for offset 
against any income tax refunds that may be due the debtors under the 
IRS Federal Income Tax Refund Offset Program; to record data on any 
offset made; and to maintain historical data on delinquent debtor 
payments through the Program.
    The Department now proposes to modify the system to add a new 
routine use disclosure provision which will permit the Department to 
participate in a mandatory, government-wide offset payment system known 
as the Treasury Offset Program, and administered by Treasury pursuant 
to the Debt Collection Improvement Act of 1996, Pub. L. No. 104-134. 
The routine use, identified as (d) in the attached Federal Register 
notice, will permit the Department to transfer to Treasury for 
administrative offset those non-tax debts which are more than 180 days 
delinquent.
    In addition, the Department is revising the ``Authority for 
Maintenance of the System'' to include the Debt Collection Act of 1982, 
and the Debt Collection Improvement Act of 1996 (Pub. L. No. 104-134).
    Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be 
given 30 days in which to comment on any proposed new routine uses. Any 
comments may be submitted in writing to Patricia E. Neely, Program 
Analyst, Information Management and Security Staff, Information 
Resources Management, Justice Management Division, Department of 
Justice, Washington, DC 50530 by July 21, 1997.
    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. The changes have 
been italicized for public convenience.

    Dated: May 16, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/JMD-609

System Name:
    Debt Collection Offset Payment System, Justice/JMD-009

System Location:
    Department of Justice (DOJ), Justice Data Center, 1151D Seven Locks 
Road, Rockville, Md.

Categories of Individuals Covered by the System:
    Federal debtors. Federal debtors include (but may not be limited 
to)

[[Page 33439]]

those who have received overpayments through direct financial 
assistance, those who owe debts of restitution based on civil or 
criminal judgments entered by Federal courts, and those who have 
obtained insured or guaranteed loans from Federal agencies, and (a) 
whose delinquent debts have been sent by client Federal agencies to the 
DOJ for enforced collection through litigation or (b) whose delinquent 
debts are owed directly to the DOJ.

Categories of Records in the System:
    Automated records include a data base on delinquent debts by debtor 
name, taxpayer address and Taxpayer Identification Number (TIN), type 
of government claim involved, and the Federal agency entitled to notice 
of funds collected. (Such debts are referred by United States Attorneys 
(USAs) from client Federal agencies), and by other DOJ components). The 
data base also includes (1) information identifying those delinquent 
debtors who are present or former Federal employees, or members of the 
Armed Forces and whose salaries or other Federal benefit payments may 
be eligible for administrative offset by their respective employers 
(and whose debts may be referred to such agencies for such offsets), 
(2) voluntary payments made to the DOJ Jockbox, and (3) debt amounts 
offset by the Internal Revenue Service (IRS) against income tax 
refunds. Manual records include computer-generated reports that list 
all delinquent debtors by name. TIN, tax year, and the USA or other DOJ 
component (and/or other Federal agency) that referred the delinquent 
debt for collection, the referring agency's claim number, the status of 
the account, and the balance owed.

Authority for Maintenance of the System:
    Pub. L. No. 97-365, the Debt Collection Act of 1982; Section 3 of 
Pub. L. No. 102-589, the Cash Management Improvement Act Amendments of 
1992; and Pub. L. No. 104-134 the Debt Collection Improvement Act of 
1996.

Purpose of the System:
    This system of records is used first to determine whether 
administrative offset of the delinquent debts can be made by Federal 
agencies against compensation due delinquent debtors who are present or 
former employees of such agencies, or present or former members of the 
Armed Forces. Second, it is used to refer delinquent debts to the IRS 
for offset against any income tax refunds that may be due the debtors 
under the IRS Federal Income Tax Refund Offset Program, to record data 
on any offsets made, and to maintain historical data on delinquent 
debtor payments through the Program.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    DOJ may disclose relevant information from this system as follows:
    (a) To the IRS to obtain the mailing address of a taxpayer for the 
purpose of locating such taxpayer to collect or to compromise a debt 
owed by the taxpayer to the United States.
    (b) To the Department of Defense (DOD) and United States Postal 
Service (USPS) to conduct computer matching programs to identify and 
locate debtors who receive Federal salaries, and/or pension, annuity or 
other Federal benefit payments. Except where such debts are paid 
voluntarily, the debts of those individuals who have been so identified 
will be returned to the DOJ component, or to the USA for referral to 
the appropriate Federal agency, for collection by administrative 
salary, or other procedure to offset Federal payments.
    (c) To the IRS to conduct computer matching programs to identify 
individuals entitled to refunds against which tax refund offsets would 
be appropriate and to enable the IRS to offset the taxpayer's tax 
refund. (A tax refund offset may be initiated where the debt cannot be 
offset against the payment of Federal benefits such as Federal 
salaries, annuities, pensions, etc.)
    (d) These records pertaining to delinquent debts, and any 
information in the records, may be disclosed to Treasury pursuant to 
the Debt Collection Improvement Act of 1966, Pub. L. No. 104-134, for 
the purpose of locating the debtor and/or effecting administrative 
offset against monies payable by the Government to the debtor, or held 
by the Government for the debtor, to recover such delinquent debts.
    (e) To notify client agencies as to the status of payments and to 
make inquiries and reports as necessary during the processing of debt 
collection payments, whether such payments are made voluntarily or 
whether they are collected through the tax refund offset procedure.
    (f) To contractor employees operating the Nationwide Central Intake 
Facility to account for debtor payments that have been received. (See 
the ``Debt Collection Management System, Justice/JMD-006'' which 
describes debtor records maintained by the Nationwide Central Intake 
Facility.)
    (g) In a proceeding before a court or adjudicative body before 
which DOJ or contract private counsel are authorized to appear when any 
of the following is a party to litigation or has an interest in 
litigation and such records are determined by DOJ or contract private 
counsel to arguably relevant to the litigation: (1) DOJ, or any 
component thereof, or contract private counsel, or (2) any employee of 
DOJ or contract private counsel in his or her official capacity or (3) 
any employee of DOJ or contract private counsel in his or her 
individual capacity where DOJ has agreed to represent the employee, or 
(4) the United States, where DOJ or contract private counsel determines 
that the litigation is likely to affect DOJ or any of its components.
    (h) To volunteer student workers and students working under a 
college work-study program as is necessary to enable them to perform 
their duties.
    (i) To employees or to contract personnel to access the records for 
Privacy Act training purposes.
    (j) To the news media and the public 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.
    (k) 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.
    (l) To the National Archives and Records Administration (NARA) and 
to the General Services Administration 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:
    Periodic reports are stored in binders; automated data is stored on 
magnetic tape.

Retrievability:
    Records are retrieved by debtor's name or TIN.

Safeguards:
    Access to the facility where the records are maintained requires 
identification clearance by a security officer or guard. Paper records 
are maintained in a locked room during non-duty hours. Access to 
automated data requires the use of the proper passwords and user 
identification codes by personnel with security clearances.

[[Page 33440]]

Finally, only those personnel who require access to perform their 
duties may access these records.

Retention and Disposal:
    Paper records are shredded after five years; automated information 
will be erased ten years after the related case files reported in the 
Debt Collection Enforcement System, Justice/USA-015, have been closed. 
(Pending approval of the NARA).

System Manager and Address:
    Deputy Assistant Attorney General, Debt Collection Management, 
Justice Management Division, Department of Justice, Washington, DC 
20530.

Notification Procedures:
    Address requests to the system manager identified above.

Records Access Procedures:
    Address requests for access to the system manager identified above. 
Clearly mark the envelope ``Privacy Access Request.'' Include in the 
request the debtor's name, TIN, address, and any other identifying 
information which may be assistance in locating the record, e.g., name 
of the case or Federal agency to whom the debtor is indebted. In 
addition, include the notarized signature of the debtor as well as the 
name and address of the individual to receive the information if other 
than the debtor.

Contesting Records Procedures:
    Address requests to contest to the system manager identified above. 
State clearly and concisely the information being contested, the 
reasons for contesting it, and the proposed amendment to the 
information.

Record Source Categories:
    USAs on behalf of Federal agencies; DOJ components; DOD, USPS, IRS, 
and the debtor.

Systems Exempted from Certain Provisions of the Act:
    None.
[FR Doc. 97-16051 Filed 6-18-97; 8:45 am]
BILLING CODE 4410-AR-M