[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Notices]
[Pages 29069-29071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13401]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 165-99]
Privacy Act of 1974; Notice of New System of Records
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.
552a), notice is given that the Department of Justice proposes to
establish a new Department-wide system of records entitled ``Accounting
Systems for the Department of Justice (DOJ), DOJ-001,'' The Department-
wide system will replace those which now exist for separate Department
components, and will include new disclosure provisions--in particular
those which are necessary to implement the requirements of the Debt
Collection Improvement Act of 1996 (DCIA). Certain disclosures
necessary to implement the DCIA involve disclosure to consumer and
commercial reporting agencies. An agency is required by the DCIA to
disclose certain information about delinquent debtors to consumer
reporting agencies, if the system of records notice indicates that such
disclosure will be made and the debtor has been provided the due
process rights set out in the DCIA. An agency also may disclose
information concerning non-delinquent debts to consumer reporting or
commercial reporting agencies in accordance with the DCIA, where notice
that such disclosures may be made is indicated in the published system
of records.
By separate notice, the Department will remove the systems of
records now published for individual Department components after the
required 30-day public comment period for the new Department-wide
system of records has expired.
In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment on the new routine uses; and
the Office of Management and Budget (OMB), which has oversight
responsibility under the Act, requires a 40-day period in which to
conclude its review of the system. Therefore, please submit any
comments by June 28, 1999. The public, OMB, and the Congress are
invited to submit any comments to Mary E. Cahill, Management and
Planning Staff, Justice Management Division, Department of Justice,
Washington, D.C., 20530 (Room 1400, National Place Building).
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress.
Dated: May 10, 1999.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Department of Justice--001
System Name:
Accounting Systems for the Department of Justice (DOJ)
System Location:
Justice Management Division, 10th St. and Constitution Ave., NW.,
Washington, DC 20530; Central Offices of the Bureau of Prisons (BOP)
and Federal Prison Industries (FPI) at 320 1st St., NW., Washington, DC
20534; and at any BOP/FPI Regional Offices and/or any of the BOP/FPI
facilities at addresses provided in 28 CFR part 503; Headquarters of
the Drug Enforcement Administration (DEA), Office of Finance, 700 Army
Navy Drive, Arlington, VA, 22202; and at DEA field offices as detailed
in Justice/DEA-999; Federal Bureau of Investigation (FBI) Headquarters
at 935 Pennsylvania Ave., NW, Washington, DC 20535; and at FBI field
offices as detailed in Justice/FBI-999; Headquarters of the Immigration
and Naturalization Service (INS) at 425 I Street, NW., Washington, DC
20536; and at INS Regional and District Offices, Administrative
Centers, Service Centers, and other INS file control offices as
detailed in Justice/INS-999; Office of Justice Programs (OJP), 810 7th
Street, NW, Washington, DC 20531; U.S. Marshals Service (USMS), 600
Army Navy Drive, Arlington, Virginia 22202; and at 94 district offices
of the U.S. Marshals Service (USMS) as detailed in Justice/USM-999.
Categories of Individuals Covered by the System:
Individuals/persons (including DOJ employees; and including current
and former inmates under the custody of the Attorney General) who are
in a relationship, or who seek a relationship, with the DOJ or
component thereof--a relationship that may give rise to an accounts
receivable, an accounts payable, or to similar accounts such as those
resulting from a grantee/grantor relationship. Included may be:
(a) Those for whom vouchers (except payroll vouchers for DOJ
employees) are submitted to DOJ requesting payment for goods or
services rendered including vendors, contractors, experts, witnesses,
court reporters, travelers, and employees;
[[Page 29070]]
(b) Those to whom the DOJ is indebted or who may have a claim
against the DOJ, including those named in (a) above;
(c) Those who are indebted to DOJ, e.g., those receiving goods,
services, or benefits from DOJ; those who are liable for damage to
Government property; those indebted for travel/transfer advances and
overpayments; and those owing administrative fees and/or assessments;
and
(d) Those who apply for DOJ benefits, funds, and grants.
Categories of Records in the System:
All documents used to reserve, obligate, process, and effect
collection or payment of funds, e.g., vouchers (excluding payroll
vouchers), invoices; purchase orders; travel advances, travel/transfer
vouchers and other such documentation reflecting information about
payments due to or made to; claims made by, or debts owed by the
individuals covered by this system, including fees, fines, penalties,
overpayments, and/or other assessments.
Authority for Maintenance of the System:
31 U.S,C. 3512; 44 U.S.C. 3101.
Purpose(s):
This system of records is used by DOJ officials to maintain
information adequate to ensure the financial accountability of the
individuals covered by this system; provide an accounting and reporting
of DOJ financial activities; meet both internal and external audit and
reporting requirements; maintain an accounts receivable and accounts
payable; and otherwise administer these and any other related financial
and accounting responsibilities.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
DOJ may disclose relevant information as follows:
(1) To the Secretary of the Treasury to effect disbursement of
authorized payments;
(2) To any Federal agency or to any individual or organization for
the purpose of performing audit or oversight operations of the DOJ and
to meet related reporting requirements;
(3) To a Federal, State, or local agency, or tribal authority, in
connection with the hiring or retention of an employee; the issuance of
a security clearance; the reporting of an investigation of an employee;
the letting of a contract; or the issuance of a license, permit, grant
or other benefit by the requesting agency, to the extent that the
information relates to the requesting agency's decision on the matter;
(4) To the appropriate agency (whether Federal, State, local,
foreign, or tribal authority) charged with the responsibility of
investigating or prosecuting violations or potential violations of law,
or charged with enforcing or implementing the related statute, rule,
regulation or order issued pursuant thereto, but only where the record,
either on its face or in conjunction with other information, indicates
such a violation or potential violation of law (whether civil, criminal
or regulatory in nature);
(5) To an actual or potential party or to his or her attorney for
the purpose of negotiation or discussion on such matters as settlement
of a case or matter, or informal discovery proceedings involving
records in this system;
(6) In a proceeding before a court or adjudicative body before
which the DOJ, or any DOJ component or subdivision thereof, is
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 any DOJ component or subdivision thereof, to be arguably
relevant to the litigation: the DOJ, or any DOJ components or
subdivision thereof; any DOJ employee in his/her official capacity; any
DOJ employee in his/her individual capacity where the DOJ has agreed to
represent the employee; or the United States where DOJ, or any DOJ
component or subdivision thereof, determines that the litigation is
likely to affect it or any of its subdivisions;
(7) To the news media and the public to the extent permitted by 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;
(8) 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;
(9) To the National Archives and Records Administration and to the
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906;
(10) To any Federal, State, or local agency, of tribal authority,
which has a financial or other legitimate need for the information to
perform official duties; or, similarly, to obtain information which
would enable the Department to perform its official duties. Examples
include: to permit such agency to perform accounting functions or to
report to the Department of the Treasury regarding status of a Federal
employee/contractor debt owed to such Federal, State, or local agency,
or tribal authority; to report on the status of Department efforts to
collect such debt; to obtain information necessary to identify a
Federal Employee/contractor indebted to such agency; to provide
information regarding the location of such debtor; or to obtain
information which would permit the Department to confirm a debt and/or
offset a payment otherwise due a Federal employee/contractor after any
appropriate due process steps have been taken.
(11) To any Federal, State, local, or foreign agency, or tribal
authority, or to any individual or organization, if there is reason to
believe that such agency, authority, individual, or organization
possesses information relating to a debt, the identity or location of
the debtor, the debtor's ability to pay; or relating to any other
matter which is relevant and necessary to the settlement, effective
litigation and enforce collection of a debt; or relating to the civil
action, trial or hearing concerning the collection of such debt; and if
the disclosure is reasonably necessary to elicit such information and/
or obtain cooperation of a witness or agency;
(12) To the U.S. Department of the Treasury, the U.S. Department of
Defense, the U.S. Postal Service, or the disbursing agencies, in order
the effect administrative, salary, or tax refund offset against Federal
payments to collect a delinquent claim or debt owed the United States,
or a State; to satisfy a delinquent child support debt; or to effect
the actions required or permitted by law to collect such debt;
(13) To the U.S. Department of the Treasury any information
regarding adjustments to delinquent debts, such as voluntary payments
which decrease the debt, changes in the debt status resulting from
bankruptcy, any increase in the debt, or any decrease in the debt
resulting from changing in agency statutory requirements;
(14) To employers to effect salary or administrative offset to
satisfy a debt owed the United States by the debtor or, when other
collection efforts have failed, to the IRS to effect an offset against
Federal income tax refund due;
(15) To employers to institute administrative wage garnishments to
recover debts owed the United States;
(16) To debt collection centers designated by the U.S. Department
of the Treasury (or to a person with whom the DOJ has entered into a
contract) to locate or recover assets of the DOJ; or for sale of a
debt; or to otherwise recover indebtedness owed;
[[Page 29071]]
(17) In accordance with regulations issued by the Secretary of the
Treasury to implement the Debt Collection Improvement Act of 1996, to
publish or otherwise publicly disseminate information regarding the
identity of the person and the existence of a non-tax debt in order to
direct actions under the law toward delinquent debtors that have assets
or income sufficient to pay their delinquent non-tax debts, but only
upon taking reasonable steps to ensure the accuracy of the identity of
a debtor; upon ensuring that such debtor has had an opportunity to
verify, contest, and compromise a non-tax debt; and with the review of
the Secretary of Treasury;
(18) To the Internal Revenue Service (IRS) for reporting a
discharged debt as potential taxable income;
(19) To the IRS to obtain taxpayer mailing addresses for debt
collection use. These taxpayer mailing addresses may be disclosed (a)
to private collection contractors to locate a taxpayer and to collect
or compromise a claim against, or debt of, the taxpayer, and (b) to
consumer or commercial reporting agencies to obtain a credit report;
(20) To the Department of Health and Human Services, and the
Department of Labor for computer matching in order to obtain names
(including names of employees), name controls, names of employers,
Taxpayer Identification Numbers, addresses (including addresses of
employers) and dates of birth for the purpose of verifying identities
in order to pursue the collection of debts;
(21) To other Federal or State agencies as required by law;
(22) To a consumer or commercial reporting agency in accordance
with the Debt Collection Improvement Act of 1996;
(23) To contractors, grantees, experts, consultants, volunteers,
detailees, and other non-DOJ employees performing or working on a
contract, service, grant, cooperative agreement, or job for the Federal
Government when necessary to accomplish an agency function related to
this system of records.
(24) To a person or to an entity (e.g., the U.S. Department of the
Treasury and/or a consumer or commercial reporting agency), Taxpayer
Identification Numbers (TIN's), to report on delinquent debt and/or to
pursue the collection of debt, or where otherwise necessary or
required, e.g., U.S. Department of the Treasury for disbursement of
payments authorized--provided such disclosure is not otherwise
prohibited by section 6103 of the Internal Revenue Code of 1986, or
other law.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Magnetic disks, magnetic tapes, microfiche, microfilm, and file
folders.
Retrievability:
Document number, name, taxpayer identification number, digital
identifiers, batch, or other identifiers.
Safeguards:
Access is limited to DOJ personnel with a need to know. Access to
computerized information is generally controlled by passwords, or
similar safeguard, which are issued only to authorized personnel. Paper
records, and some computerized media, are kept in locked files of
locked offices during off duty hours. In addition, offices are located
in controlled-access buildings.
Retention and Disposal:
Records are retained and disposed of in accordance with General
Records Schedules 6 and 7.
System Manager(s) and Address:
Director, Finance Staff, Justice Management Division (JMD), U.S.
Department of Justice, 10th St. and Constitution Ave., NW, Washington,
DC, 20530.
Director, Federal Bureau of Prisons (BOP), 320 First St., NW,
Washington, DC, 20534. (The Director, BOP, is also system manager for
Federal Prison Industries (FPI).)
Chief Financial Officer, Financial Management Division, Drug
Enforcement Administrtion (DEA), 700 Army Navy Drive, Arlington, VA,
22202.
Director, Federal Bureau of Investigation (FBI), 935 Pennsylvania
Ave., NW, Washington, DC 20535.
Assistant Commissioner for Financial Management, Immigration and
Naturalization Service (INS), 425 I St., NW, Washington DC 20536
Director, Accounting Division, Office of Justice Programs (OJP),
810 7th Street, NW, Washington, DC 20531.
Chief, Finance Staff, Management and Budget Division, U.S. Marshals
Service, 600 Army Navy Drive, Arlington, VA., 22202.
Notification Procedures:
Same as Record Access Procedures.
Record Access Procedures:
Request for access to records in this system must be in writing and
should be addressed as follows:
JMD: For records of the Offices, Boards and Divisions, address
requests to the system manager named above for JMD.
OJP: Address request to the system manager named above.
INS: Address requests to the System Manger or to the Freedom of
Information Act (FOIA)/Privacy Act (PA) Officer at the INS office where
the record is maintained or (if unknown) to the FOIA/PA officer at 425
I Street, NW, Washington, DC 20536.
BOP: Address requests to the Assistant Director, Administration
Division, 320 First Street, NW, Washington, DC 20534.
FPI: Address requests to Assistant Director, Federal Prison
Industries, 320 First Street, NW, Washington, DC 20534.
USMS: Address requests to the system manager named above,
attention: FOIA/PA Officer.
DEA: Address requests to the system manager named above.
FBI: Address requests to the system manager named above.
The envelope and letter should be clearly marked ``Privacy Act
Access Request.'' Inquires should include requester's name, date and
place of birth, address, and verification of identity in accordance
with 28 CFR 16.41(d). If known, the requester should also identify the
date or year I which a debt was incurred, e.g., date of invoice or
purchase order.
Contesting Record Procedures:
Same as Record Access Procedures
Record Source Categories:
Operating personnel, individuals covered by the system, and Federal
agencies
Systems Exempted from Certain Provisions of the Act:
None.
[FR Doc. 99-13401 Filed 5-27-99; 8:45 am]
BILLING CODE 4410-C5-M