[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Notices]
[Pages 47622-47623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23903]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / 
Notices  

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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Revision of System of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of revision of an existing Privacy Act system of 
records.

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SUMMARY: Notice is hereby given that USDA proposes to redesignate its 
Privacy Act system of records, USDA/OFM-3, entitled ``Administrative 
Billings and Collections, USDA/OFM'' to USDA/OCFO-3, ``Administrative 
Billings and Collections, USDA/OCFO'' to reflect reorganization in the 
USDA; and to add a new routine use to the system.

EFFECTIVE DATE: This notice will be adopted without further publication 
in the Federal Register on November 10, 1997, unless modified by a 
subsequent notice to incorporate comments received from the public. 
Comments must be received by the contact person listed below on or 
before October 10, 1997.

FOR FURTHER INFORMATION CONTACT: John W. Hall, Director, National 
Finance Center, OCFO, USDA, New Orleans, Louisiana 70160.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a, 
USDA is redesignating this system as USDAS/OCFO-3, ``Administrative 
Billings and Collections, USDA/OCFO'' and adding a new routine use 
implementing the Treasury Offset provisions of the Debt Collection 
Improvements Act of 1996 (``DCIA''), Public Law No. 104-134. The DCIA 
requires Federal agencies to forward debts over 180 days delinquent to 
the Secretary of the Treasury or to other Federal agencies designated 
by the Secretary of the Treasury for the purpose of offsetting Federal 
payments to collect delinquent debts owed to the Federal Government. 
This system of records is maintained by the National Finance Center 
(NFC). The purpose of this notice is to announce the creation and 
character of this new routine use of records maintained by the NFC. The 
system contains data on debtor's name, address, Social Security Number 
or assigned vendor number, amount of indebtedness, amount of current 
collection, and amount of total billing, Eventually, these records are 
transferred to a history file for inquiry use.
    A ``Report on New System,'' required by 5 U.S.C. 552a(o), as 
implemented by Transmittal Memoranda 1 and 3 to OMB Circular A-108, was 
sent to the Chairman, Committee on Governmental Affairs, United States 
Senate, the Chairman, Committee on Government Reform and Oversight, 
House of Representatives, and the Administrator, Office of Information 
and Regulatory Affairs, Office of Management and Budget on August 29, 
1997.

    Signed at Washington, DC, on August 29, 1997.
Dan Glickman,
Secretary of Agriculture.
USDA/OCFO-3

System name:
    Billings and Collections Systems, USDA/OCFO.

System location:
    National Finance Center, OCFO, USDA, New Orleans, Louisiana 70160.

Categories of individuals covered by the system:
    Individuals who are indebted to the Federal Government and whose 
debts are serviced by the National Finance Center.

Categories of records in the system:
    This automated system established a master file containing the 
debtor's name, address, Social Security Number or assigned vendor 
number, amount of indebtedness, amount of current collection, and 
amount of total billing. Eventually, these records are transferred to a 
history file for inquiry use. Information regarding debts subject to 
IRS offset, claims on travel advances, and delinquent debtor names and 
Social Security Numbers used in computer matches with the Department of 
Defense and the United States Postal Service are kept separate from the 
administrative billings and collections data base in a manually updated 
claims data base.

Authority for maintenance of the system:
    31 U.S.C. 3711 through 3719.
    The records in this system are used to issue bills and collect 
funds due to the Government in compliance with the Debt Collection Act 
of 1982, Public Law 97-365, 96 Stat. 1749, as amended by Public Law 98-
167, 97 Stat. 1104, and the Debt Collection Improvements Act of 1996, 
Public Law 104-134, 110 Stat. 1321.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) Referral to the appropriate agency, whether Federal, State, 
local, or foreign, charged with the responsibility of investigating or 
prosecuting a violation of law, or of enforcing or implementing a 
statute, rule, regulation, or order issued pursuant thereto, of any 
record within this system when information available indicates a 
violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, and whether arising by general statute or 
particular program statute, or by rule, regulation or order issued 
pursuant thereto.
    (2) Referral to the Department of Justice when (a) the agency, or 
any component, thereof; or (b) any employee of the agency in his or her 
official capacity; or (c) any employee of the agency in his or her 
individual capacity where the Department of Justice has agreed to 
represent the employee; or (d) the United States, where the agency 
determines that litigation is likely to affect the agency or any of its 
components, is a party to the litigation or has an interest in such 
litigation, and the use of such records by the Department of Justice is 
deemed by the agency to be relevant and necessary to the litigation, 
providing, however, that in each case, the agency determines that 
disclosure of the records to the Department of Justice is a use of the 
information that is compatible with the purpose for which the records 
were collected.
    (3) Disclosure in a proceeding before a court or adjudicative body 
before which the agency is authorized to appear, when (a) the agency, 
or any component thereof; or (b) any employee of the agency in his or 
her official capacity; or (c) any employee of the agency in his or her 
individual capacity where the Department of Justice has agreed to 
represent the employee; or (d)

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the United States, where the agency determines that litigation is 
likely to affect the agency or any of its components, is a party to the 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice is deemed by the agency to be 
relevant and necessary to the litigation, providing, however, that in 
each case, the agency determines that disclosure of the records to the 
Department of Justice is a use of the information that is compatible 
with the purpose for which the records were collected.
    (4) Disclosure may be made to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made on behalf of the individual.
    (5) Information will be forwarded to another Federal agency when a 
Federal employee accepts employment with another Federal agency.
    (6) Referral of information regarding indebtedness to the Defense 
Manpower Data Center, Department of Defense, and the United States 
Postal Service for the purpose of conducting computer matching programs 
to identify and locate individuals receiving Federal salary or benefit 
payments and who are delinquent in their payments of debts owed to the 
U.S. Government in order to collect debts by voluntary repayment, 
administrative, or salary offset procedures under the provisions of 5 
U.S.C. 5514 or through collection agencies under the provisions of 31 
U.S.C. 3718.
    (7) Information contained in this system of records may be 
disclosed to a debt collection agency when USDA determines such 
referral is appropriate for collecting the debtor's account as provided 
for in U.S. Government contracts with collection agencies executed 
pursuant to 31 U.S.C. 3718.
    (8) Where prior collection efforts have failed, the USDA will refer 
to the Department of the Treasury information from this system of 
records concerning past-due legally enforceable debts for offset 
against tax refunds that may become due the debtors for the tax year in 
which referral is made in accordance with IRS regulation at 26 CFR 
301.6402-6T, offset of Past-due Legally Enforceable Debt Against 
Overpayment, and under the authority contained in 31 U.S.C. 3720A.
    (9) Information contained in this system of records may be 
disclosed to a consumer reporting agency in accordance with 31 U.S.C. 
3711(f).
    (10) Information contained in this system of records, related to 
non-tax debts or claims that are delinquent for 180 days, will be sent 
to the Secretary of the Treasury or to other Federal agencies 
designated by the Secretary of the Treasury for the purpose of 
offsetting Federal payments to collect delinquent debts, owed to the 
Federal Government. Records will be matched by Taxpayer Identification 
Number (TIN) and name. For an individual, the TIN is the Social 
Security Number. For a business, the TIN is the Employer Identification 
Number. The release of this information is in accordance with 31 U.S.C. 
3716 and 4 CFR part 102.

Policies and practices for strong, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on magnetic tape files, disk files, and in 
folders at the National Finance Center.

Retrievability:
    Records in the administrative billings and collections data base 
are retrieved by Social Security Number and by name of individual or 
equivalent identifying number. Records in the claims data base are 
retrieved by the claim number, by Social Security Number and name of 
individual, or by equivalent identifying number.

Safeguards:
    Magnetic tape files and disk files are kept in a locked computer 
room and tape library which can be accessed by authorized personnel 
only. File folders are maintained in secured areas with access by 
authorized personnel only. Disk files are password protected to limit 
access to authorized personnel only. Online access by National Finance 
Center and other agency personnel is password protected.

Retention and disposal:
    Master history magnetic tapes are retained in accordance with a 
tape library management schedule. Manual records are transferred to the 
Federal Records Center for storage and disposition in accordance with 
General Services Administration regulations.

System manager(s) and address:
    Director, National Finance Center, OCFO, USDA, PO Box 60000, New 
Orleans, Louisiana 70160.

Notification procedure:
    Any individual may request information regarding this system of 
records or information as to whether the system contains records 
pertaining to him/her from the System Manager. A request for 
information pertaining to an individual should be in writing and should 
contain: name, address, Social Security Number, and particulars 
involved (i.e., dates of claims, copies of correspondence, etc.).

Record access procedures:
    Any individual may obtain information as to the procedures for 
gaining access to a record in the system which pertains to him/her by 
submitting a written request to the System Manager.

Contesting record procedures:
    Any individual may obtain information as to the procedures for 
contesting a record in the system which pertain to him/her by 
submitting a written request to the System Manager.

Record source categories:
    Information in this system comes primarily from USDA employees, 
former USDA employees, non-USDA employees, agency claimants, and USDA 
or other investigative personnel.

[FR Doc. 97-23903 Filed 9-9-97; 8:45 am]
BILLING CODE 3410-18-M