[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Notices]
[Pages 65004-65006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26843]



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Part VI





General Services Administration





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Privacy Act of 1974; System of Records; Notice

  Federal Register / Vol. 67, No. 204 / Tuesday, October 22, 2002 / 
Notices  

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GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; System of Records

AGENCY: General Services Administration.

ACTION: Notice of a new system of records subject to the Privacy Act of 
1974.

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SUMMARY: The General Services Administration (GSA) is providing notice 
of intent to revise the Credit Data on Individual Debtors (GSA/PPFM-7) 
system of records. The revision incorporates new and revised laws and 
regulations and reflects organizational and procedural changes in GSA 
since the last update.

DATES: Comments on the proposed revision must be provided by November 
21, 2002. The revised system or records will become effective without 
further notice on November 21, 2002 unless comments require otherwise.

ADDRESSES: GSA Privacy Act Officer, General Services Administration 
(GSA), CAI, 1800 F Street, NW., Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Jinaita Kanarchuk by phone, (202) 501-
1452, or e-mail [email protected].
GSA/PPFM-7

System name:
    Credit Data on Individual Debtors.

System location:
    Records are located at the following GSA Central Office and 
Regional addresses of the GSA Office of Finance:
    [sbull] GSA Building, 1800 F Street, NW., Washington, DC 20405.
    [sbull] 1500 East Bannister Road, Kansas City, MO 64131.
    [sbull] Fritz G. Lanham Federal Building, 819 Taylor Street, Fort 
Worth TX 76102.

Categories of individuals covered by the system:
    Individuals covered include employees, former employees, and other 
individuals who are indebted to GSA or any other agency or department 
of the United States; a State, territory or commonwealth of the United 
States, or the District of Columbia (hereinafter collectively referred 
to as ``States''); or individuals that may become indebted to GSA or 
another agency or department of the United States as the result of a 
privately owned vehicle (POV) being involved in an accident with a GSA 
Fleet vehicle.

Categories of Records in the System:
    The records may contain information from commercial and agency 
investigative reports showing debtors' assets, liabilities, income, and 
expenses; identifying information, such as names and taxpayer 
identification numbers (TINs) (i.e., Social Security Numbers or 
employer identification numbers); debtor contact information, such as 
work and home address, and work and home telephone numbers; and name of 
employer and employer address. The records for claims against 
nongovernmental individuals (i.e., claims arising from vehicle 
accidents) may contain information on privately owned vehicles (POVs), 
including, but not limited to: (a) The owner, year, make, model, tag 
number and State of the vehicle; and (b) the driver's or owner's 
insurance company information, including name, address, telephone 
number and policy number. Debts include unpaid taxes, loans, 
assessments, fines, fees, penalties, overpayments, advances, extensions 
of credit from sales of goods or services, third party claims, and 
other amounts of money or property owed to, or collected by, GSA, any 
other Federal entity or a State, including past due support that is 
being enforced by a State.
    The records also may contain information about: (a) The debt, such 
as the original amount of the debt, the debt account number, the date 
of debt origination, the amount of delinquency or default, date of 
delinquency or default, the basis for the debt, the amounts accrued for 
interest, penalties, and administrative costs; and the payments on the 
account; (b) actions taken to collect or resolve the debt, such as 
demand letters or invoices sent, documents or information required for 
referral of accounts to collection agencies, to other Federal entities, 
or for litigation, and notes taken regarding telephone or other 
communications related to the collection or resolution of the debt; and 
(c) the referring or collecting governmental entity that is collecting 
or is owed the debt, such as the name, telephone number, and address of 
the governmental entity contact.

Authorities for maintenance of the system:
    Federal Claims Collection Act of 1966, 31 U.S.C. 3701(a)(3) and 
3711(e), as amended by the Debt Collection Act of 1982, 5 U.S.C. 5514; 
the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq.; 
Cash Management Improvement Act Amendments of 1992, 31 U.S.C. 3335, 
3718, 3720A and 6503; Deficit Reduction act of 1984, Pub. L. 98-369, 98 
Stat. 494 (codified as amended in scattered sections of 26 U.S.C.); 
Taxpayer Relief Act of 1997, Pub. L. 105-34, 11 Stat. 788 (codified in 
scattered sections of 26 U.S.C.); Internal Revenue Service 
Restructuring And Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685 
(codified in scattered sections of 26 U.S.C.); 26 U.S.C. 6402; 26 
U.S.C. 6331; 31 U.S.C. Chapter 37 (Claims), Subchapter I (General) and 
Subchapter II (Claims of the U.S. Government); Title 31 Code of Federal 
Regulations, Chapter IX, parts 901-904.

Purpose(s):
    The purpose of the system is to assemble and maintain information 
on individuals who are indebted to GSA, other Federal entities, and 
States for the purpose of effecting enforced collections from the 
debtors, including past due support enforced by States. The information 
contained in the records is maintained for the purpose of taking action 
to facilitate collection and resolution of debts using various methods, 
including, but not limited to, requesting repayment of debt by 
telephone or in writing, pursuing offset, levy, administrative wage 
garnishment, centralized salary offset, referral to collection agencies 
or litigation, and using other collection or resolution methods 
authorized or required by law. The information is also maintained for 
the purpose of providing collection information about the debt to other 
Federal entities or States collecting the debt, providing statistical 
information on debt collection operations, and testing and developing 
enhancements to computer systems containing the records.

Routine uses of records maintained in the system, including categories 
of users and their purpose for using the system:
    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, 5 U.S.C. 552a(b), GSA 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. A record from this system may be used where pertinent in any 
legal proceeding before a court, magistrate, or administrative body in 
the course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations, in response to a subpoena where relevant or 
potentially relevant to a proceeding, or in connection with criminal 
law proceedings.

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    b. A record from this system may be disclosed to the Department of 
Justice, United States Attorney, or Department of the Treasury for the 
purpose of litigation or in anticipation of litigation to enforce 
collection of a delinquent debt or to obtain the Department of 
Justice's concurrence in a decision to compromise, suspend, or 
terminate collection action on a debt and GSA determines that the 
disclosure is relevant or necessary to the litigation.
    c. A record from this system may be disclosed to a congressional 
office on behalf of and at the request of the individual who is the 
subject of the record.
    d. A record from this system may be disclosed 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 GSA's behalf. GSA may negotiate with the debtor for 
voluntary repayment or may initiate administrative or salary offset 
procedures or other authorized debt collection methods under the 
provisions of the Debt Collection Act of 1982, 5 U.S.C. 5514, or the 
Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq.
    e. In the event that a record in this system indicates a violation 
or potential violation of law, whether civil, criminal, or regulatory 
in nature, and whether arising by general statute, particular program 
statute, or regulation, rule, order, or license issued pursuant 
thereto, the relevant record may be referred to the appropriate 
Federal, State, local or foreign agency charged with the responsibility 
of investigating or prosecuting such violation or enforcing or 
implementing the statute, rule, regulation, order, or license.
    f. A record from this system may be disclosed to any Federal, State 
or local agency, U.S. Territory or commonwealth, or the District of 
Columbia, or their agents or contractors, including private collection 
agencies (consumer and commercial):
    (1) To facilitate the collection of debts through the use of any 
combination of various debt collection methods required or authorized 
by law, including, but not limited to: Requests for repayment by 
telephone or in writing; negotiation of voluntary repayment or 
compromise agreements; offsets of Federal payments, which may include 
the disclosure of information contained in the records for the purpose 
of providing the debtor with appropriate pre-offset notice and to 
otherwise comply with offset prerequisites, to facilitate voluntary 
repayment in lieu of offset, and to otherwise effectuate the offset 
process; referral of debts to private collection agencies, to Treasury-
designated debt collection centers, or for litigation; obtaining 
administrative and court-ordered wage garnishment; conducting debt 
sales; publishing names and identities of delinquent debtors in the 
media or other appropriate places; creating a Centralized Salary Offset 
program; and pursuing any other debt collection method authorized by 
law.
    (2) To conduct computerized comparisons to locate Federal payments 
to be made to debtors.
    (3) To conduct authorized computer matching programs in compliance 
with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, to identify 
and locate individuals receiving Federal payments (including but not 
limited to salaries, wages and benefits), which may include the 
disclosure of information contained in the records for the purpose of 
requesting voluntary repayment or implementing Federal employee salary 
offset or other offset procedures.
    (4) To collect a debt owed to GSA, another Federal entity, or State 
through the offset of payments made by States, territories, 
commonwealths, or the District of Columbia.
    (5) To account for or report on the status of debts for which such 
entity has a financial or other legitimate need for the information in 
the performance of official duties.
    (6) To deny Federal financial assistance in the form of loans or 
loan guarantees to an individual who owes a delinquent debt to GSA or 
another Federal entity or who owes delinquent child support that has 
been referred to GSA for collection by administrative offset.
    (7) To develop, enhance, and/or test databases, matching 
communications, or other computerized systems that facilitate debt 
collection processes.
    (8) To provide assistance with any other appropriate debt 
collection purpose.
    g. A record from this system may be disclosed to any individual or 
other entity receiving Federal payments in conjunction with payments 
made to a debtor for the purpose of providing notice of an information 
about offsets from such Federal payments.
    h. A record from this system may be disclosed to any individual or 
entity:
    (1) To facilitate the collection of debts through the use of any 
combination of various debt collection methods required or authorized 
by law, including, but not limited to: pursuing administrative or 
court-ordered wage garnishment; reporting information to commercial 
credit bureaus; conducting asset searches; publishing the names and 
identities of delinquent debtors in the media or other appropriate 
places; conducting debt sales; or initiating Centralized Salary 
Offsets.
    (2) To deny Federal financial assistance in the form of loans or 
loan guarantees to an individual who owes a delinquent debt to the 
United States or delinquent child support that has been referred to GSA 
for collection by administrative offset.
    (3) To pursue any other appropriate debt collection purpose.
    i. A record from this system may be disclosed to credit reporting 
agencies or credit bureaus for the purpose of adding to a credit 
history file or obtaining a credit history file or comparable credit 
information for use in debt collection. As authorized by the Debt 
Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq., GSA may 
report current (not delinquent) and delinquent consumer or commercial 
debts to these entities to aid the collection of debts, typically by 
providing an incentive to the person to repay the debt in a timely 
manner. GSA may report on delinquent debts to the Department of Housing 
and Urban Development's Credit Alert Interactive Voice Response System 
(CAIVRS).
    j. A record from this system may be disclosed to the Internal 
Revenue Service and applicable State and local governments for tax 
reporting purposes. Under the provisions of the Debt Collection 
Improvement Act of 1996, 31 U.S.C. 3701 et seq., GSA is permitted to 
provide the Department of Treasury with Form 1099-C information on 
canceled or forgiven debts so that the Department of Treasury may file 
the form on GSA's behalf with the IRS. W-2 and 1099 Forms contain 
information on items to be considered as income to an individual, 
including payments to persons not treated as employees (e.g., fees paid 
to consultants and experts) and amounts written-off as legally or 
administratively uncollectible in whole or in part.
    k. A record from this system may be disclosed 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.
    1. A record from this system may be disclosed to the Department of 
Treasury or other Federal agency with whom GSA has entered into an 
agreement establishing the terms and conditions for debt collection 
cross servicing operations on behalf of GSA to satisfy, in whole or in 
part, debts owed to the United States. Cross servicing includes the 
possible use of all debt collections

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tools such as administrative offset, referral to debt collection 
contractors, and referral to the Department of Justice.
    m. Records from this system may be disclosed to the Department of 
Treasury, government corporations, State or local agencies, or other 
Federal agencies to conduct computer matching programs 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 United States under certain programs administered by 
the GSA in order to collect the debts under the provisions of the Debt 
Collection Act of 1982, as amended, 5 U.S.C. 5514, or the Debt 
Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq., by 
voluntary payment or administrative or salary offset procedures.
    n. A record from this system may be disclosed to the National 
Archives and Records Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.
    o. A record from this system may be disclosed to, or received from, 
the Department of Treasury for the purpose of allowing the GSA National 
Payroll Center (NPC) to participate in the Centralized Salary Offset 
(CSO) program, or similar offset program. Agencies must notify the 
Department of Treasury of all delinquent debts over 180 days past due 
so that recovery may be made by centralized administrative offset. This 
includes debts that GSA seeks to recover from the pay account of an 
employee of another agency by salary offset, or by another agency 
seeking recovery from a GSA employee, including client agency 
employees, by salary offset.
    p. A record from this system may be disclosed to, or received from, 
another agency or department of the United States when a GSA Fleet 
vehicle has been involved in an accident with an individual or 
commercial POV. Disclosure to consumer reporting agencies: Disclosures 
pursuant to 5 U.S.C. 552a(b)(12) may be made from this system to 
consumer reporting agencies as defined in the Fair Credit Reporting 
Act, 15 U.S.C. 1681a(f), or the Federal Claims Collection Act of 1966, 
as amended, 31 U.S.C. 3701(a)(3) and 3711(e).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in paper form in file folders stored in 
lockable metal filing cabinets and in electronic form in computers or 
on transportable electronic media including but not limited to, floppy 
discs, CD-ROMs or zip disks.

Retrievability:
    Credit data is maintained by debtor name and claim number and is 
cross-referenced with the Social Security Number (when available) to 
verify name and address.

Safeguards:
    When not in use by authorized personnel, records are stored in 
lockable metal filing cabinets. Electronic files are protected by the 
use of passwords.

Retention and disposal:
    The records are a part of the GAO site auditing collection files 
and are cut off at the end of the fiscal year, held 1 year, and then 
retired under Record Group 217 (GAO). Records created prior to July 2, 
1975, will be retained by GAO for 10 years and 3 months after the 
period of the account. Records created on or after July 2, 1975, will 
be retained by GAO for 6 years and 3 months after the period of the 
account.

System manager(s) and address:
    Branch Chief (BCDR), Financial Initiatives Division, Office of 
Finance, Office of the Chief Financial Officer, General Services 
Administration, Room 3121, 1800 F Street, NW., Washington, DC 20405.

Notification procedure:
    Inquiries by individuals under the Privacy Act of 1974, as amended 
(5 U.S.C. 552a) regarding claims pertaining to themselves should be 
addressed to the system manager. All individuals making inquiries 
should provide as much descriptive information as possible to identify 
the particular record desired. The system manager will advise as to 
whether GSA maintains the records requested by the individual.

Record access procedures:
    Requests from individuals for access to records should be addressed 
to the system manager and should include the individual's name and 
address.

Contesting records procedures:
    GSA rules for contesting the contents of the records and for 
appealing initial determinations are promulgated in 41 CFR 105.64.

Record source categories:
    Information in this system is obtained from individual debtors; 
credit bureaus; agency investigative reports; other GSA systems of 
records; Federal and State agencies to which debts are owed; Federal 
employing agencies and other entities that employ the individual; 
Federal and State agencies issuing payments; collection agencies; 
locator and asset search companies; Federal, State or local agencies 
furnishings identifying information and/or addresses of debtors; or 
from public documents.

    Dated: October 17, 2002.
Daniel K. Cooper,
Director, Information Management Division.
[FR Doc. 02-26843 Filed 10-21-02; 8:45 am]
BILLING CODE 6820-34-M