[Federal Register Volume 65, Number 63 (Friday, March 31, 2000)]
[Notices]
[Pages 17251-17252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8005]


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

DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act: Proposed New System of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of proposed new System of Records--USDA/FNS-10, entitled 
Persons Doing Business with the Food and Nutrition Service.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the United States Department of 
Agriculture (USDA), Food and Nutrition Service (FNS), is giving notice 
that it proposes to add a new system of records.
    FNS is creating a new system of records to include the names, 
addresses and Social Security Numbers of persons involved in a direct 
payment relationship with FNS, including program sponsors, contractors 
and other individuals. The Debt Collection Improvement Act of 1996 
(DCIA), Public Law 104-134, requires FNS to collect taxpayer 
identifying numbers (TINs) from all individuals and entities with which 
FNS does business, and to furnish the TIN with each certified voucher 
requesting payment. The Privacy Act of 1974, in turn, requires that 
before personal identifying information may be shared with other 
entities, a Privacy Act notice must be published. Therefore, FNS is 
publishing the accompanying notice announcing the establishment of a 
system of records providing routine uses to allow FNS to provide TINs 
to the Department of the Treasury for the purposes required under the 
Law.

EFFECTIVE DATE: This notice will be effective, without further notice, 
May 10, 2000 unless modified by a subsequent notice to incorporate 
comments received by the public. Comments must be received by the 
contact person listed below on or before May 1, 2000 to be assured 
consideration.

ADDRESSES: Comments should be addressed to: Lou Pastura, Director, 
Grants Management Division, Food and Nutrition Service, USDA, Room 407, 
3101 Park Center Drive, Alexandria, Virginia 22302.

FOR FURTHER INFORMATION CONTACT: Mark Porter at (703) 305-2048.

SUPPLEMENTARY INFORMATION: The Debt Collection Act of 1982 (Pub. L. 97-
365), as amended, provides statutory authority for Federal agencies to 
collect debts through administrative offset. The Debt Collection 
Improvement Act of 1996 (Pub. L. 104-134), expanded that statutory 
authority by requiring Federal agencies to obtain TINs from all 
individuals and entities doing business with it, and to furnish the TIN 
with each certified voucher requesting payment. This requirement 
enables the TINs of Federal payment recipients to be made available to 
match against a debtor masterfile to facilitate debt collection by 
administrative offset under the DCIA, and for income reporting to the 
Internal Revenue Service.
    As a prerequisite to making TINs available for such purposes, the 
Privacy Act of 1974, as amended, requires that agencies that maintain a 
system of records must publish a notice in the Federal Register of the 
existence and character of the system of records. This includes each 
routine use of the records contained in the system including categories 
of users and the purpose of such use. Thus, FNS is proposing the 
following routine uses for this system of records, so that FNS can 
fully comply with the legislative mandate cited above.
    This system of records contains personal information from 
individuals and entities who receive payments directly from FNS under 
any of the various nutrition and nutrition education programs FNS 
administers. The following information regarding individuals and 
entities is contained in the system: Name, home address, Social 
Security Number (SSN), and Employer Identification Number (EIN). The 
system may also include information such as company or sponsor name, 
and financial data such as amounts of payments to be made.
    This system of records is not a financial management system that is 
used to track and identify financial payments which become delinquent; 
however, for FNS to be in compliance with the law as required by the 
DCIA, FNS must share with the Department of the Treasury the personal 
identifying information (such as the debtor's/payee's name, home 
address, SSN, and EIN (which is not considered a personal item of 
information)) of those individuals in this system to whom FNS is 
providing direct payment. As stated previously, FNS must publish a 
Privacy Act notice before personal identifying information may be 
shared with the Department of the Treasury.
    A ``Report on a New System,'' required by 5 U.S.C. 552a(r), as 
implemented by OMB Circular A-130, was sent to the Chairman, Senate 
Committee on Governmental Affairs, the Chairman, House Committee on 
Government Reform and Oversight, and to the Administrator, Office of 
Information and Regulatory Affairs, of the Office of Management and 
Budget on March 27, 2000.

    Signed at Washington, D.C. on March 27, 2000.
Dan Glickman,
Secretary of Agriculture.
USDA/FNS-10

SYSTEM NAME:
    USDA/FNS-10 Persons Doing Business with the Food and Nutrition 
Service (FNS).

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    This system of records is under the control of the Deputy 
Administrator, Financial Management, Food and Nutrition Service, United 
States Department of Agriculture, 3101 Park Center Drive, Alexandria, 
Virginia 22302. The data is maintained in the Agency Financial 
Management System (AFMS), FNS's automated financial system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system consists of information on individuals who receive 
payments directly from FNS under any of the various nutrition and 
nutrition education programs FNS administers. These individuals may 
include program sponsors, contractors, and other individuals. They do 
not include program benefit recipients or State agencies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The information in the system consists of individuals' names, 
addresses, Social Security Numbers, Employer Identification Numbers, 
and amounts of payments to be made. The system may also include 
information such as company or sponsor name.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    31 U.S.C. 7701(c)(1), the Debt Collection Improvement Act of 1996 
(Pub. L. 104-134), Debt Collection Act of 1982 as amended (Pub. L. 97-
365), the Child Nutrition Act of 1966 as amended the National School 
Lunch Act as amended, and the Food Stamp Act of 1977 as amended.

[[Page 17252]]

PURPOSE:
    To facilitate the Congressional mandate under the DCIA to provide 
taxpayer identification numbers on all appropriate requests for payment 
to facilitate debt collection by administrative offset under the DCIA, 
and for income reporting to the IRS.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (1) USDA/FNS may disclose information from this system of records 
to the appropriate agency, whether Federal, State, or local, charged 
with the responsibility of investigating or prosecuting a violation of 
law, or of enforcing or implementing a statute, rule, regulations, 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) USDA/FNS may disclose information from this system of records 
to a court, magistrate, or administrative tribunal, or to opposing 
counsel in a proceeding before any of the above, of any record within 
the system which constitutes evidence in that proceeding, or which is 
sought in the course of discovery.
    (3) USDA/FNS may disclose information from this system of records 
to a congressional office from the record of an individual provided 
that individual gave the congressional office permission to inquire on 
his or her behalf.
    (4) USDA/FNS may disclose information from this system of records 
of the Internal Revenue Service, for the purpose of reporting canceled 
debts of $600 or more for violations committed under FNS programs. 
Canceled debts will be reported to the Internal Revenue Service on Form 
1099-C (Cancellation of Debt) under the authority of the Income Tax 
Regulations (26 CFR parts 1 and 602) under section 6050P of the 
Internal Revenue Code.
    (5) USDA/FNS may disclose information from this system of records 
to the Department of the Treasury on requests for payments for purposes 
of administrative offset, to be effected in cases where entities 
participating in FNS programs owe delinquent debts to other Federal 
agencies.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records are maintained in the Agency's AFMS system on magnetic 
tapes, on data disks, and in file folders at FNS Headquarters and at 
the National Computer Center facility in Kansas City.

Retrievability:
    Records are retrievable by name, vendor number, and Social Security 
Number or Employer Identification Number.

Safeguards:
    Access to records is limited to those persons who process the 
records for the specific routine uses stated above. Records in such 
formats as magnetic tape and disks are kept in physically secured rooms 
or cabinets. Various methods of computer security limit access to 
records in automated databases. Paper records are segregated and 
physically secured in locked cabinets.

Retention and disposal:
    Records are maintained in the automated AFMS system indefinitely. 
Paper records, where they are held, are maintained for three years and 
then destroyed pursuant to the applicable document retention and 
disposal schedule.

System manager(s) and address:
    Director, Accounting Division, Food and Nutrition Service, United 
States Department of Agriculture, 3101 Park Center Drive, Room 415, 
Alexandria, Virginia, 22302.

Notification Procedure:
    Individuals may request from the system manager identified above 
information regarding this system of records or whether the system 
contains records pertaining to them. Any individual requesting such 
information must provide his or her name, address, and Social Security 
Number.

Record access procedure:
    Individuals may obtain information about records in the system 
pertaining to them by submitting a written request to the system 
manager listed above. The envelope and letter should be marked 
``Privacy Act Request,'' and should include the name, address, and 
Social Security Number of the individual for which the request is made.

Contesting record procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their requests to the system manager listed 
above, state the reason(s) for contesting the information, and provide 
any available documentation to support the requested action.

Record source categories:
    Information in this system is provided by the applications and 
contracts entered into by entities participating in the programs FNS 
administers. Personal information in this system is also obtained from 
the owners and officers of such entities as reported on the program 
applications and contracts for services provided under these programs.

Exemptions claimed for the system:
    None.

[FR Doc. 00-8005 Filed 3-30-00; 8:45 am]
BILLING CODE 3410-30-M