[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14497-14500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7811]


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NUCLEAR REGULATORY COMMISSION


Privacy Act of 1974, As Amended; Revisions to System of Records

AGENCY: Nuclear Regulatory Commission.

ACTION: System of records; proposed revisions.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Nuclear Regulatory Commission (NRC) is proposing to 
amend the notice describing the system of records (system) currently 
entitled NRC-32, ``Office of the Controller Financial Transactions and 
Debt Collection Management Records--NRC,'' by adding five new routine 
uses and revising five existing routine uses in order to permit NRC to 
comply with certain provisions of the Debt Collection Improvement Act 
of 1996 (DCIA), Public Law 104-134. The system notice was last 
published in the Federal Register on April 17, 1996.

EFFECTIVE DATE: The revised system of records will become effective 
without further notice on May 4, 1998, unless comments received on or 
before that date cause a contrary decision. If changes are made based 
on NRC's review of comments received, a new final notice will be 
published.

ADDRESSES: Send comments to the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications staff. Hand deliver comments to 11555 
Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. 
Federal workdays. Copies of comments received may be examined, or 
copied for a fee, at the NRC Public Document Room at 2120 L Street, 
NW., Lower Level, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Freedom of Information 
Act/Privacy Act Section, Information Services Branch, Information 
Management Division, Office of the Chief Information Officer, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
301-415-7170.

SUPPLEMENTARY INFORMATION:
    The DCIA contains various provisions intended to maximize the 
collection of delinquent debts, minimize the costs of debt collection, 
reduce losses arising from debt management activities, rely on the 
experience and expertise of private sector professionals to provide 
debt collection services to Federal agencies, and ensure that the 
public is fully informed of the Federal government's debt collection 
policies and that debtors are cognizant of their financial obligations 
to repay amounts owed to the government and have all appropriate due 
process rights.
    The proposed revisions to NRC-32 will permit NRC to implement 
several new techniques for collecting debts and claims authorized or 
required by the DCIA. New routine use I. will permit NRC to refer 
nontax debts over 180 days delinquent to the Department of the Treasury 
(Treasury) for administrative offset against payments due elsewhere in 
the government under the mandatory, government-wide Treasury Offset 
Program (TOP). TOP provides a single source for identifying delinquent 
debtors receiving government funds and, to the extent legally allowed, 
offsetting the delinquent debts using those same funds. New routine use 
m. will enable NRC to publicly disseminate the names of certain 
delinquent debtors and the existence of the debts for debt collection 
purposes. New routine use n. will enable NRC to match certain debtor 
records with the Department of Health and Human Services and the 
Department of Labor to obtain Taxpayer Identification Numbers required 
by the DCIA for each person doing business with Federal agencies. New 
routine uses o. and p. will permit NRC to disclose information if it 
decides or is required

[[Page 14498]]

to sell delinquent nontax debts and to report information on 
collateralized debts to Congress pursuant to 37 U.S.C. 3711(i). Revised 
routine use b. will permit NRC to participate in a required program to 
annually match delinquent debt records due all agencies with records of 
Federal employees to identify those employees delinquent in repayment 
of certain nontax debts. Revised routine use d. will permit NRC to 
report current (not delinquent) and delinquent commercial and consumer 
nontax debt to credit bureaus for use in the administration of debt 
collection and to report delinquent debt information to the Office of 
Housing and Urban Development's Credit Alert Interactive Voice Response 
System. Routine uses e., h., and k. are revised to enable NRC to 
garnish non-Federal wages of certain delinquent debtors, to provide 
certain information on discharged debts to Treasury for reporting to 
the IRS, and to transfer to Treasury or approved Debt Collection 
Centers certain nontax debts over 180 days delinquent for further 
collection action. Current routine uses l., m., and n. are redesignated 
q., r., and s., respectively.
    Other minor changes to the system notice for NRC-32 are also being 
made at this time and include renaming the system ``Office of the Chief 
Financial Officer Financial Transactions and Debt Management Records--
NRC'' because of an agency reorganization, adding the DCIA and the 
Federal Claims Collection Standards to the Authority section of the 
notice, and updating the System Manager's title and the Notification 
Procedures.
    A report on the proposed revisions to NRC-32 is being sent to the 
Office of Management and Budget (OMB), the Committee on Governmental 
Affairs of the U.S. Senate, and the Committee on Government Reform and 
Oversight of the U.S. House of Representatives as required by the 
Privacy Act and OMB Circular No. A-130, Appendix I, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals.''
    Accordingly, NRC proposes to amend the system notice for NRC-32 in 
its entirety to read as follows:
NRC-32

SYSTEM NAME:
    Office of the Chief Financial Officer Financial Transactions and 
Debt Collection Management Records--NRC.

SYSTEM LOCATION:
    Primary system--Office of the Chief Financial Officer, NRC, 11545 
Rockville Pike, Rockville, Maryland.
    Duplicate systems--Duplicate systems exist, in whole or in part, at 
the locations listed in Addendum I, Parts 1 and 2. Other NRC systems of 
records contain payment and/or collection transaction records and 
background information that may duplicate some of the records in this 
system. These other systems include, but are not limited to:

NRC-5, Contracts Records Files--NRC;
NRC-7, Telephone Call Detail Records--NRC;
NRC-10, Freedom of Information Act (FOIA) and Privacy Act (PA) 
Requests--NRC;
NRC-18, Office of the Inspector General Investigative Records--NRC;
NRC-19, Official Personnel Training Records Files--NRC;
NRC-20, Official Travel Records--NRC;
NRC-21, Payroll Accounting Records--NRC;
NRC-24, Government Property Accountability System--NRC; and
NRC-41, Tort Claims and Personal Property Claims--NRC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals the NRC owes/owed money to or who receive/received a 
payment from NRC and those who owe/owed money to the United States. 
Individuals receiving payments include, but are not limited to, current 
and former employees, contractors, consultants, vendors, and others who 
travel or perform certain services for NRC. Individuals owing money 
include, but are not limited to, those who have received goods or 
services from NRC for which there is a charge or fee (NRC licensees, 
applicants for NRC licenses, Freedom of Information Act requesters, 
etc.) and those who have been overpaid and owe NRC a refund (current 
and former employees, contractors, consultants, vendors, etc.).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in the system includes, but is not limited to, names, 
addresses, telephone numbers, Social Security Numbers (SSN), Taxpayer 
Identification Numbers (TIN), Individual Taxpayer Identification 
Numbers (ITIN), fee categories, application and license numbers, 
contract numbers, vendor numbers, amounts owed, background and 
supporting documentation, correspondence concerning claims and debts, 
credit reports, and billing and payment histories. The overall agency 
accounting system contains data and information integrating accounting 
functions such as general ledger, funds control, travel, accounts 
receivable, accounts payable, equipment, and appropriation of funds. 
Although this system of records contains information on corporations 
and other business entities, only those records that contain 
information about individuals that is retrieved by the individual's 
name or other personal identifier are subject to the Privacy Act.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552a(b)(12); 5 U.S.C. 5514; 15 U.S.C. 1681a(f); 26 U.S.C. 
6103(m)(2); 31 U.S.C. 37, subchapters I and II; 31 U.S.C. 3701(a)(3) 
(1994); 31 U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C. 3717; 31 U.S.C. 3718; 
31 U.S.C. 3720A (1994); 42 U.S.C. 2201; 42 U.S.C. 5841 (1994); Cash 
Management Improvement Act Amendments of 1992 (Pub. L. 102-589); Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134); 4 CFR parts 101-
105; 10 CFR parts 15, 16, 170, 171 (1997); Executive Order 9397, 
November 22, 1943; section 201 of Executive Order 11222.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, the NRC may disclose information contained in this 
system of records without the consent of the subject individual if the 
disclosure is compatible with the purpose for which the record was 
collected under the following routine uses:
    a. To debt collection contractors (31 U.S.C. 3718) or to other 
Federal agencies such as the Department of the Treasury (Treasury) for 
the purpose of collecting and reporting on delinquent debts as 
authorized by the Debt Collection Act of 1982 or the Debt Collection 
Improvement Act of 1996;
    b. To Treasury; the Defense Manpower Data Center, Department of 
Defense; the United States Postal Service; government corporations; or 
any other Federal, State, or local agency to conduct an authorized 
computer matching program in compliance with the Privacy Act of 1974, 
as amended, to identify and locate individuals, including Federal 
employees, who are delinquent in their repayment of certain debts owed 
to the U.S. Government, including those incurred under certain programs 
or services administered by the NRC, in order to collect debts under 
common law or under the provisions of the Debt Collection Act of 1982 
or the Debt Collection Improvement Act of 1996 which include by 
voluntary repayment, administrative or salary offset, and referral to 
debt collection contractors.
    c. To the Department of Justice, United States Attorney, Treasury, 
or

[[Page 14499]]

other Federal agencies for further collection action on any delinquent 
account when circumstances warrant.
    d. To credit reporting agencies/credit bureaus for the purpose of 
either adding to a credit history file or obtaining a credit history 
file or comparable credit information for use in the administration of 
debt collection. As authorized by the DCIA, NRC may report current (not 
delinquent) as well as delinquent consumer and commercial debt to these 
entities in order to aid in the collection of debts, typically by 
providing an incentive to the person to repay the debt timely. Proposed 
revisions to the Federal Claims Collection Standards (FCCS) published 
in the Federal Register on December 31, 1997, direct agencies to report 
information on delinquent debts to the Department of Housing and Urban 
Development's Credit Alert Interactive Voice Response System (CAIVRS). 
NRC will report this information to CAIVRS if this requirement is 
contained in the final rule amending the FCCS.
    e. To any Federal agency where the debtor is employed or receiving 
some form of remuneration for the purpose of enabling that agency to 
collect a debt owed the Federal government on NRC's behalf by 
counseling the debtor for voluntary repayment or by initiating 
administrative or salary offset procedures, or other authorized debt 
collection methods under the provisions of the Debt Collection Act of 
1982 or the Debt Collection Improvement Act of 1996. Pursuant to the 
DCIA, NRC may garnish non-Federal wages of certain delinquent debtors 
so long as required due process procedures are followed. In these 
instances, NRC's notice to the employer will disclose only the 
information that may be necessary for the employer to comply with the 
withholding order.
    f. To the Internal Revenue Service (IRS) by computer matching to 
obtain the mailing address of a taxpayer for the purpose of locating 
such taxpayer to collect or to compromise a Federal claim by NRC 
against the taxpayer pursuant to 26 U.S.C. 6103(m)(2) and in accordance 
with 31 U.S.C. 3711, 3717, and 3718 or common law. Redisclosure of a 
mailing address obtained from the IRS may be made only for debt 
collection purposes, including to a debt collection agent to facilitate 
the collection or compromise of a Federal claim under the Debt 
Collection Act of 1982 or the Debt Collection Improvement Act of 1996, 
except that redisclosure of a mailing address to a reporting agency is 
for the limited purpose of obtaining a credit report on the particular 
taxpayer. Any mailing address information obtained from the IRS will 
not be used or shared for any other NRC purpose or disclosed by NRC to 
another Federal, State, or local agency which seeks to locate the same 
taxpayer for its own debt collection purposes.
    g. To refer legally enforceable debts to the IRS or to Treasury's 
Debt Management Services to be offset against the debtor's tax refunds 
under the Federal Tax Refund Offset Program.
    h. To prepare W-2, 1099, or other forms or electronic submittals, 
to forward to the IRS and applicable State and local governments for 
tax reporting purposes. Under the provisions of the DCIA, NRC is 
permitted to provide Treasury with Form 1099-C information on 
discharged debts so that Treasury may file the form on NRC's behalf 
with the IRS. W-2 and 1099 Forms contain information on items to be 
considered as income to an individual, including certain travel related 
payments to employees, payments made to persons not treated as 
employees (e.g., fees to consultants and experts), and amounts written-
off as legally or administratively uncollectible, in whole or in part.
    i. To banks enrolled in the Treasury Credit Card Network to collect 
a payment or debt when the individual has given his or her credit card 
number for this purpose.
    j. To another Federal agency that has asked the NRC to effect an 
administrative offset under common law or under 31 U.S.C. 3716 to help 
collect a debt owed the United States. Disclosure under this routine 
use is limited to name, address, SSN, TIN, ITIN, and other information 
necessary to identify the individual; information about the money 
payable to or held for the individual; and other information concerning 
the administrative offset.
    k. To Treasury or other Federal agencies with whom NRC has entered 
into an agreement establishing the terms and conditions for debt 
collection cross servicing operations on behalf of the NRC to satisfy, 
in whole or in part, debts owed to the U.S. government. Cross servicing 
includes the possible use of all debt collection tools such as 
administrative offset, tax refund offset, referral to debt collection 
contractors, and referral to the Department of Justice. The DCIA 
requires agencies to transfer to Treasury or Treasury-designated Debt 
Collection Centers for cross servicing certain nontax debt over 180 
days delinquent. Treasury has the authority to act in the Federal 
government's best interest to service, collect, compromise, suspend, or 
terminate collection action in accordance with existing laws under 
which the debts arise.
    l. Information on past due, legally enforceable nontax debts more 
than 180 days delinquent will be referred to Treasury 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 under the DCIA's mandatory, government-wide 
Treasury Offset Program (TOP). Under TOP, Treasury maintains a database 
of all qualified delinquent nontax debts, and works with agencies to 
match by computer their payments against the delinquent debtor database 
in order to divert payments to pay the delinquent debt. Treasury has 
the authority to waive the computer matching requirement for NRC and 
other agencies upon written certification that administrative due 
process notice requirements have been complied with.
    m. For debt collection purposes, NRC may publish or otherwise 
publicly disseminate information regarding the identity of delinquent 
nontax debtors and the existence of the nontax debts under the 
provisions of the Debt Collection Improvement Act of 1996.
    n. To the Department of Labor (DOL) and the Department of Health 
and Human Services (HHS) to conduct an authorized computer matching 
program in compliance with the Privacy Act of 1974, as amended, to 
match NRC's debtor records with records of DOL and HHS to obtain names, 
name controls, names of employers, addresses, dates of birth, and TINs. 
The DCIA requires all Federal agencies to obtain taxpayer 
identification numbers from each individual or entity doing business 
with the agency, including applicants and recipients of licenses, 
grants, or benefit payments; contractors; and entities and individuals 
owing fines, fees, or penalties to the agency. NRC will use TINs in 
collecting and reporting any delinquent amounts resulting from the 
activity and in making payments.
    o. If NRC decides or is required to sell a delinquent nontax debt 
pursuant to 31 U.S.C. 3711(i), information in this system of records 
may be disclosed to purchasers, potential purchasers, and contractors 
engaged to assist in the sale or to obtain information necessary for 
potential purchasers to formulate bids and information necessary for 
purchasers to pursue collection remedies.
    p. If NRC has current and delinquent collateralized nontax debts 
pursuant to 31 U.S.C. 3711(i)(4)(A), certain information in this system 
of records on its portfolio of loans, notes and guarantees, and other 
collateralized debts will be reported to Congress based on standards 
developed by the Office of

[[Page 14500]]

Management and Budget, in consultation with Treasury.
    q. To Treasury in order to request a payment to individuals owed 
money by the NRC.
    r. To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.
    s. For any of the routine uses specified in the Prefatory Statement 
of General Routine Uses.

DISCLOSURES TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures of 
information to a consumer reporting agency are not considered a routine 
use of records. Disclosures may be made from this system to ``consumer 
reporting agencies'' as defined in the Fair Credit Reporting Act (15 
U.S.C. 1681(a)(f)) or the Federal Claims Collection Act of 1966, as 
amended (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information in this system is stored on paper and microfiche, and 
in computer media.

RETRIEVABILITY:
    Information is retrieved a number of ways, including by name, SSN, 
TIN, license or application number, contract or purchase order number, 
invoice number, voucher number, and vendor code.

SAFEGUARDS:
    Records in the primary system are maintained in a building where 
access is controlled by a security guard force. Records are kept in 
lockable file rooms or at user's workstations in an area where access 
is controlled by keycard and is limited to NRC and contractor personnel 
who need the records to perform their official duties. The records are 
under visual control during duty hours. Access to automated data 
requires use of proper password and user identification codes by NRC or 
contractor personnel.

RETENTION AND DISPOSAL:
    Paper records are destroyed when six years and three months old in 
accordance with GRS 6-1.a except that administrative claims files, for 
which collection action is terminated without extension, are destroyed 
when ten years and three months old in accordance with GRS 6-10.b. 
Computer files are deleted after the expiration of the retention period 
authorized under the GRS for the disposable hard copy file or when no 
longer needed, whichever is later.

SYSTEM MANAGER(s) AND ADDRESS:
    Director, Division of Accounting and Finance, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information pertaining to themselves should write to the 
Freedom of Information Act and Privacy Act Officer, Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and comply with the procedures contained in NRC's Privacy 
Act regulations, 10 CFR part 9.

RECORD ACCESS PROCEDURES:
    Same as ``Notification Procedures.''

CONTESTING RECORD PROCEDURES:
    Same as ``Notification Procedures.''

RECORD SOURCE CATEGORIES:
    Record source categories include, but are not limited to, 
individuals covered by the system, their attorneys, or other 
representatives; NRC; collection agencies or contractors; employing 
agencies of debtors; and Federal, State and local agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

    Dated at Rockville, MD, this 19th day of March 1998.

    For the Nuclear Regulatory Commission.
A.J. Galante,
 Chief Information Officer.
[FR Doc. 98-7811 Filed 3-20-98; 8:45 am]
BILLING CODE 7590-01-P