[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Pages 46972-46974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23633]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5887-9]


Privacy Act of 1974: Systems of Records

AGENCY: Environmental Protection Agency.

ACTION: Amendment to notice of Privacy Act system of records.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
amend routine uses in an existing Privacy Act system of records, the 
``EPA Travel, Other Accounts Payable and Accounts Receivable Files. 
EPA/FMD, EPA-29'' which was last published on January 10, 1992 at 57 FR 
1182.

EFFECTIVE DATES: The proposed amendments will be effective without 
further notice October 15, 1997, unless comments received require a 
contrary determination.

ADDRESSES: Send written comments to: Al Demarcki, Systems Accountant, 
Financial Management Division, Financial Policies, Procedures and 
Compliance Branch, Environmental Protection Agency, 401 ``M'' Street SW 
(2733F), Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Al Demarcki, Systems Accountant, 
Financial Management Division, Financial Policies, Procedures and

[[Page 46973]]

Compliance Branch, Environmental Protection Agency, 401 ``M'' Street SW 
(2733F), Washington, DC 20460. Tel. (202) 260-2633.

SUPPLEMENTARY INFORMATION: The proposed amendment alters the routine 
use provision of the notice for EPA's Travel, Other Accounts Payable 
and Accounts Receivable Files as follows: (1) The letter designations 
in routine uses 12a through 12g have been eliminated and replaced by 
number designations. The proposed routine uses for this system of 
records are numbered 1 through 19. (2) The proposed amendment adds a 
new routine use number 13 to the system of records which authorizes 
disclosure to the Internal Revenue Service for the purpose of recouping 
delinquent debts owed the United States through offset of Federal Tax 
returns under the Federal Tax Refund Offset Program authorized by 31 
U.S.C. 3720A and for the purpose to perform Offsets and Cross-Servicing 
of delinquent debtors. (3) Routine use 11 (which authorizes disclosures 
to Federal State and local agencies for computer matching purposes) and 
12d (which authorizes disclosures to other Federal Agencies for debt 
collection purposes) have been deleted in their current form and 
replaced with proposed routine uses 11 and 12. These proposed routine 
uses do not authorize additional or new disclosures, but are intended 
only to clarify and more precisely define the nature and purpose of the 
disclosures set forth in the deleted routine uses.
    Proposed routine use 11 limits disclosures for debt collection 
purposes under the Debt Collection Act (Pub. L. 97-365) to two named 
agencies, the Defense Manpower Data Center (DMDC) of the Department of 
Defense and the U.S. Postal Service (USPS). This routine use 
encompasses, but is not limited to, disclosures made pursuant to a 
computer matching program in accordance with the Computer Matching and 
Privacy Protection Act of 1988. This proposed routine use adopts 
language similar to that recommended by the U.S. Department of Treasury 
in its Government-wide guidance on Federal debt collection.
    Proposed routine use 12 permits disclosures, including disclosures 
under a computer matching program, to Federal Agencies other than the 
DMDC and USPS, and to State and local agencies for debt collection 
purposes. EPA will comply with the Computer Matching and Privacy 
Protection Act of 1988 and Implementing Guidelines in the case of 
disclosures under a computer matching program.
    Other revisions of the routine uses are of a minor editorial or 
administrative nature. All routine uses for this system of records, 
including the proposed amended routine uses, are listed below in the 
propose notice.

    Dated: August 28, 1997.
Alvin M. Pesachowitz,
Acting Assistant Administrator and Chief Information Officer.
EPA-29

SYSTEM NAME:
    EPA Travel, Other Accounts Payable and Accounts Receivable Files, 
EPA/FMD.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Routine use disclosures of records in this system of records may be 
made as follows:
    1. To a member of Congress or a congressional office in response to 
any inquiry from that Member or office made at the request of the 
individual to whom the record pertains.
    2. To EPA contractors, grantees or volunteers who have been engaged 
to assist EPA in the performance of a contract, service, grant, 
cooperative agreement or other activity related to this system of 
records and who need to have access to the records in order to perform 
the activity. Recipients are required to maintain records in this 
system in accordance with the requirements of the Privacy Act.
    3. To Union representatives when relevant and necessary to their 
duties as exclusive bargaining agents under the Civil Service Reform 
Act of 1978, 5 U.S.C. 7111 and 7114.
    4. To a Federal agency which has requested information relevant to 
its decision in connection with the hiring or retention of an employee, 
the reporting of an investigation on an employee, the letting of a 
contract, or the issuance of a security clearance, license, grant or 
other benefit.
    5. To a Federal, State or local agency where necessary to enable 
EPA to obtain information relevant to an EPA decision concerning the 
hiring or retention of an employee, the reporting of an investigation 
on an employee, the letting of a contract, or the issuance of a 
security clearance, license, grant or other benefit.
    6. To an appropriate Federal, State, local or foreign agency 
responsible for investigating, prosecuting, enforcing, or an indication 
of a violation or potential violation of the statute, rule, regulation 
or order and the information is relevant to the matter.
    7. To the Department of Justice to the extent that each disclosure 
is compatible with the purpose for which the record was collected and 
is relevant and necessary to litigation or anticipated litigation in 
which one of the following is a party or has an interest: (a) EPA or 
any of its components, (b) an EPA employee in his or her official 
capacity, (c) an EPA employee in his or her individual capacity when 
the Department of Justice is representing or considering representation 
of the employee, or (d) the United States where EPA determines that 
litigation is likely to effect the Agency.
    8. In a proceeding before a court, other adjudicative body or grand 
jury, or in an administrative or regulatory proceeding to the extent 
that each disclosure is compatible with the purpose for which the 
records were collected and is relevant and necessary to litigation or 
anticipated litigation in which one of the following is a party or has 
an interest: (a) EPA or any of its components, (b) an EPA employee in 
his or her official capacity, (c) an EPA employee in his or her 
individual capacity where the Department of Justice is representing or 
considering representation of the employee, or (d) the United States 
where EPA determines that litigation is likely to effect the Agency. 
Such disclosures include, but are not limited to those made in the 
course of presenting evidence, conducting settlement negotiations, and 
responding to subpoenas and requests for discovery.
    9. To representatives of the General Service Administration and the 
National Archives and Records Administrations who are conducting 
records management inspections under the authority of 44 U.S.C. 2904 
and 2906.
    10. To the General Accounting Office, Office of Management and 
Budget, and Department of Treasury for purpose of carrying out EPA's 
financial management responsibilities.
    11. To the Defense Manpower Data Center of the Department of 
Defense and to the U.S. Postal Service for the purpose of identifying 
and locating individuals who are receiving Federal salaries or benefit 
payments and are delinquent in their repayment of debts owed to the 
U.S. Government under programs administered by EPA. The ultimate 
purpose of such disclosures is to collect the delinquent debts under 
the Debt Collection Act (Pub. L. 97-365) by voluntary repayment or by 
administrative or salary offset procedures. Such disclosures may be 
made as part of computer matching programs, in which case EPA will

[[Page 46974]]

comply with the Computer Matching and Privacy Protection Act of 1988 
and implementing guidelines.
    12. To other Federal, State, and local agencies to help eliminate 
fraud and abuse, to detect unauthorized overpayments made to 
individuals, and to recoup delinquent debts owed to the United States 
or State and local agencies, including recoupment through salary and 
administrative offset. Such disclosures may be made as part of computer 
matching programs, in accordance with the Computer Matching and Privacy 
Protection Act of 1988 and implementing guidelines.
    13. To the Department of Treasury or other Federal Agencies for the 
purpose of recouping delinquent debts owed the United States through 
offset of Federal Tax returns under the Federal Tax Refund Offset 
program authorized by 31 U.S.C. 3720A and 3716, to administer offset 
authorized in 3716 authorized in 3716 or through salary offset 5 U.S.C. 
5514.
    14. To the Internal Revenue Service in order to obtain taxpayer 
mailing addresses to locate taxpayers for the purposes of collecting 
debts owed EPA.
    15. To provide debtor information to consumer reporting agencies in 
order to obtain credit reports for use by EPA for debt collection 
purposes and to report delinquent debts. The term ``debtor 
information'' is limited to the individuals name, address, social 
security number, and other information necessary to identify the 
individual, the amount, status and history of the claim and the agency 
or program under which the claim arose.
    16. To provide debtor information to debt collection agencies under 
contract to EPA to help collect debts owed EPA. Such agencies will be 
required to comply with the Privacy Act and their agents will be made 
subject to the criminal penalty provisions of the Act.
    17. To provide debtor information to the U.S. Department of Justice 
for litigation or further administrative action in connection with debt 
collection.
    18. To the Department of the Treasury for the purpose of collecting 
delinquent debt under 3711G.

[FR Doc. 97-23633 Filed 9-4-97; 8:45 am]
BILLING CODE 6560-50-P