[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Notices]
[Pages 35849-35852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15207]


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DEPARTMENT OF COMMERCE

Office of the Secretary

[Docket Number: 030520131-3131-01]


Privacy Act of 1974; Altered System of Records

AGENCY: Office of the Secretary, Department of Commerce.

ACTION: Notice and request for comments

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Department of Commerce 
(Department) is issuing notice of our intent to amend the system of 
records entitled Commerce Department System 2, ``Accounts Receivable,'' 
to add to this system records compiled in conjunction with new 
pronouncements issued by federal authoritative agencies for debt 
collection. We invite public comment on the proposed changes in this 
publication.

DATES: Comment Date: To be considered, written comments must be 
submitted on or before July 17, 2003.
    Effective Date: Unless comments are received, the amendments will 
become effective as proposed on the date of publication of a subsequent 
notice in the Federal Register.

ADDRESSES: Comments may be mailed to Deputy Chief Financial Officer, 
Office of Financial Management, U. S. Department of Commerce, Room 
6827, 14th and Constitution Avenue, NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Lisa Casias at 202-482-1207.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 
U.S.C. 552a) and the Office of Management and Budget (OMB) Circular No. 
A-130, OMB Circular A-129 (Revised) and the Departments of Treasury/
Justice Federal Claims Collections Standards (Final Rule), the 
Department has completed a review of its Privacy Act systems of records 
notices for the purpose of debt collection. In addition, other minor 
administrative updates are being amended to the system location, 
categories of records, routine uses, storage, retrievability, 
notification procedure, and records access procedures.
Commerce/Dept-2

System Location:
    Delete: a. through g.
    Add:
    (1) For Office of the Secretary (OS), which includes Gifts & 
Bequests Fund, Salaries & Expense Fund, and Working Capital Fund:
    a. NIST, 100 Bureau Drive, Building 101, Room C29, Gaithersburg, MD 
20899
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (2) For Bureau of the Census (Census):
    a. U.S. Census Bureau, 4700 Silverhill Road, Federal Building 
3, Rooms 3280/3565, Washington, DC 20233
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (3) For Bureau of Industry and Security (BIS) (formerly called the 
Bureau of Export Administration (BXA)):
    a. NOAA, 20020 Century Boulevard, Stations 3333/3505, Germantown, 
MD 20874
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (4) For Economic and Statistics Administration/Bureau of Economic 
Analysis (ESA/BEA):
    a. NIST, 100 Bureau Drive, Building 101, Room C29, Gaithersburg, MD 
20899
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (5) For Economic Development Administration (EDA):
    a. EDA, Accounting Division, Herbert C. Hoover Building, Room 7215, 
14th & Constitution Avenue, NW., Washington, DC 20230
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (6) For Emergency Loan Guarantee Program, Oil & Gas/Steel (ELGP):
    a. NIST, 100 Bureau Drive, Building 101, Room C29, Gaithersburg, MD 
20899
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (7) For International Trade Administration (ITA):
    a. National Business Center, P&S Mail Stop 2760, 7301 W. Mansfield 
Avenue, Lakewood, CO 80235-2230
    b. National Archives, Bldg. 48, Denver Federal Center, P.O. Box 
25307, Denver, CO, 80225
    (8) For Minority Business Development Agency (MBDA):
    a. NIST, 100 Bureau Drive, Building 101, Room C29, Gaithersburg, MD 
20899
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (9) For National Institute of Standards and Technology (NIST):
    a. NIST, 100 Bureau Drive, Room A822, Gaithersburg, MD 20899
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001

[[Page 35850]]

    (10) For National Oceanic and Atmospheric Administration (NOAA):
    a. NOAA, 20020 Century Boulevard, Stations 3333/3505, Germantown, 
MD 20874
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (11) For National Telecommunications & Information Administration 
(NTIA):
    a. NIST, 100 Bureau Drive, Building 101, Room C29, Gaithersburg, MD 
20899
    b. Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20746-8001
    (12) For National Technical Information Service (NTIS):
    a. NTIS, 5285 Port Royal Road, Room 1021, Springfield, VA 22161
    (13) For U.S. Patent and Trademark Office (PTO):
    a. U.S. Patent and Trademark Office, 2011 Crystal Drive, Suite 802, 
Arlington, VA 22202
    b. U.S. Patent and Trademark Office Franconia Warehouse (Files 
Repository), 6808 Loisdale Road, Springfield, VA 22150-1910

Categories of individuals covered by the system:
    Delete: current paragraph
    Add: Individuals who owe debts to the Department or one of its 
offices or bureaus.

Categories of records in the system:
    Delete: current paragraph
    Add:
    Debt records containing information about the debtor(s), the type 
of debt, the governmental entity to which the debt is owed, and the 
debt collection tools utilized to collect the debt. The records may 
contain identifying information, such as name(s) and taxpayer 
identifying number (i.e., social security number or employer 
identification number); debtor contact information, such as work and 
home address, and work and home telephone numbers; and name of employer 
and employer address. Debts include loans, assessments, fines, fees, 
penalties, overpayments, advances, extensions of credit from sales of 
goods or services, and other amounts of money or property owed to the 
Department or one of its offices or bureaus. The records also may 
contain information about: (a) The debt, such as the original amount of 
the debt, the debt account number, the date the debt originated, the 
amount of the delinquency or default, the date of delinquency or 
default, basis for the debt, amounts accrued for interest, penalties, 
and administrative costs, and payments on the account; (b) Actions 
taken to collect or resolve the debt, such as copies of demand letters 
or invoices, documents or information required for the referral of 
accounts to collection agencies or for litigation, and collectors' 
notes regarding telephone or other communications related to the 
collection or resolution of the debt; and (c) The Departmental office 
or bureau that is collecting or owed the debt, and the name, telephone 
number, and address of the Departmental office or bureau contact.

Authority for maintenance of the system:
    Delete: current paragraph
    Add:
    28 U.S.C. 3101-3105, Debt Collection Act of 1982 (Pub. L. 97-365); 
26 U.S.C. 6402(d); and 31 U.S.C. 3711.

Add this section:
Purpose(s):
    The purpose of this system is to maintain records about individuals 
who owe debt(s) to the Department or one of its offices or bureaus. The 
information contained in the records is maintained for the purpose of 
taking action to facilitate the collection and resolution of the 
debt(s) using various collection methods, including, but not limited 
to, requesting repayment of the debt by telephone or in writing, 
offset, levy, administrative wage garnishment, reporting to credit 
bureaus, referral to collection agencies or for litigation, and other 
collection or resolution methods authorized or required by law. The 
information also is maintained for the purpose of providing collection 
information about the debt to the agency collecting the debt, to 
provide statistical information on debt collection operations, and for 
the purpose of testing and developing enhancements to the computer 
systems which contain the records.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed as follows:
    (1) In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program statute or contract, or rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred to the appropriate agency, whether Federal, state, local or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, or rule, regulation or order issued pursuant 
thereto, or protecting the interest of the Department.
    (2) A record from this system of records may be disclosed to a 
Federal, state or local agency maintaining civil, criminal or other 
relevant enforcement information or other pertinent information, such 
as current licenses, if necessary to obtain information relevant to a 
Department decision concerning the assignment, hiring or retention of 
an individual, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefit.
    (3) A record from this system of records may be disclosed to a 
Federal, state, local or international agency, in response to its 
request, in connection with the assignment, hiring or retention of an 
individual, the issuance of a security clearance, the reporting of an 
investigation of an individual, the letting of a contract, or the 
issuance of a license, grant, or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter.
    (4) A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    (5) A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    (6) A record in this system of records may be disclosed to the 
Office of Management and Budget in connection with the review of 
private relief legislation as set forth in OMB Circular No. A-19 at any 
stage of the legislative coordination and clearance process as set 
forth in that Circular.
    (7) A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether disclosure 
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
    (8) A record in this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract, but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).

[[Page 35851]]

    (9) A record in this system may be transferred to the Office of 
Personnel Management: for personnel research purposes; as a data source 
for management information; for the production of summary descriptive 
statistics and analytical studies in support of the function for which 
the records are collected and maintained; or for related manpower 
studies.
    (10) A record from this system of records may be disclosed to the 
Administrator, General Services, or his designee, during an inspection 
of records conducted by GSA as part of that agency's responsibility to 
recommend improvements in records management practices and programs 
under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be 
made in accordance with the GSA regulations governing inspection of 
records for this purpose, and any other relevant (i.e. GSA or Commerce) 
directive. Such disclosure shall not be used to make determinations 
about individuals.
    (11) Any Federal agency, 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):
    a. 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;
    (i) Request for repayment by telephone or in writing;
    (ii) Negotiation of voluntary repayment or compromise agreements;
    (iii) Offset 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;
    (iv) Referral of debts to private collection agencies, to Treasury-
designated debt collection centers, or for litigation;
    (v) Administrative and court-ordered wage garnishment;
    (vi) Debt sales;
    (vii) Publication of names and identities of delinquent debtors in 
the media or other appropriate places; and
    (viii) Any other debt collection method authorized by law;
    b. To conduct computerized comparisons to locate Federal payments 
to be made to debtors;
    c. To conduct computerized comparisons to locate employers of, or 
obtain taxpayer identifying numbers or other information about, an 
individual for debt collection purposes;
    d. To collect a debt owed to the Department or one of its offices 
or bureaus through the offset of payments made by states, territories, 
commonwealths, or the District of Columbia;
    e. To account 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;
    f. For the purpose of denying Federal financial assistance in the 
form of a loan or loan guaranty to an individual who owes delinquent 
debt to the United States;
    g. To develop, enhance and/or test database, matching, 
communications, or other computerized systems which facilitate debt 
collection processes; or
    h. For any other appropriate debt collection purpose.
    (12) The Department of Defense, the U.S. Postal Service, or other 
Federal agency for the purpose of conducting an authorized computer 
matching program in compliance with the Privacy Act of 1974, as 
amended, 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;
    (13) The Department of Justice for the purpose 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;
    (14) Any individual or other entity who receives Federal payments 
as a joint payee with a debtor for the purpose of providing notice of, 
and information about, offsets from such Federal payments; and
    (15) Any individual or entity:
    a. 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:
    (i) Administrative and court-ordered wage garnishment;
    (ii) Report information to commercial credit bureaus;
    (iii) Conduct asset searches;
    (iv) Publish names and identities of delinquent debtors in the 
media or other appropriate places; or
    (v) Debt sales;
    b. For the purpose of denying financial assistance in the form of a 
loan or loan guaranty to an individual who owes delinquent debt to the 
Department or one of its offices or bureaus; or
    c. For any other appropriate debt collection purpose.

Add this section:
Disclosure to consumer reporting agencies:
    Debt information concerning a government claim against a debtor is 
also furnished, in accordance with 5 U.S.C. 552a(b)(12) and 31 U.S.C. 
3711(e), to consumer reporting agencies, as defined by the Fair Credit 
Reporting Act, 5 U.S.C. 1681(f), to encourage repayment of an overdue 
debt.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete: current paragraph
    Add: Records are maintained in computer processible storage media, 
such as computer hard drives, magnetic disc, tape; in file folders; and 
on paper lists and forms.

Retrievability:
    Delete: current paragraph.
    Add: Records are retrieved by various combinations of name, 
taxpayer identifying number (i.e., social security number or employer 
identification number), or debt account number.

Safeguards:
    Delete: current paragraph.
    Add: All officials access the system of records on a need-to-know 
basis only, as authorized by the system manager. Procedural and 
physical safeguards are utilized, such as accountability, receipt 
records, and specialized communications security. Access to 
computerized records is limited, through use of passwords, and other 
internal mechanisms, to those whose official duties require access. 
Hard-copy records are held in file cabinets, with access limited by 
visual controls and/or lock system. During normal working hours, files 
are attended by responsible officials; files are locked up during non-
working hours.

Retention and disposal:
    Delete: current paragraph.
    Add: Hard-copy records and electronic records shall be retained and 
disposed of in accordance with National Archives and Records 
Administration regulations (36 CFR Subchapter B--Records Retention); 
Departmental directives and comprehensive records schedules.

System manager(s) and address:
    Delete: current paragraph.

[[Page 35852]]

    Add:
    (1) For Office of the Secretary (OS), which includes Gifts & 
Bequests Fund, Salaries & Expense Fund, and Working Capital Fund:
    a. Chief, Financial Operations Division, NIST, 100 Bureau Drive, 
Mail Stop 3750, Building 101, Room A738, Gaithersburg, MD 20899
    (2) For Bureau of the Census (Census):
    a. Chief, Reimbursable Section, Finance Division, U.S. Census 
Bureau, 4700 Silverhill Road, Federal Building 3, Room 3565, 
Washington, DC 20233
    (3) For Bureau of Industry and Security (BIS) (formerly called the 
Bureau of Export Administration (BXA)):
    a. Chief, Receivables Branch, NOAA, 20020 Century Boulevard, Room 
3418, Germantown, MD 20874
    (4) For Economic and Statistics Administration/Bureau of Economic 
Analysis (ESA/BEA):
    a. Chief, Financial Operations Division, NIST, 100 Bureau Drive, 
Mail Stop 3750, Building 101, Room A738, Gaithersburg, MD 20899
    (5) For Economic Development Administration (EDA):
    a. Director, Accounting Division, EDA, Herbert C. Hoover Building, 
Room 7215, 14th & Constitution Avenue, NW., Washington, DC 20230
    (6) For Emergency Loan Guarantee Program, Oil & Gas/Steel (ELGP):
    a. Chief, Financial Operations Division, NIST, 100 Bureau Drive, 
Mail Stop 3750, Building 101, Room A738, Gaithersburg, MD 20899
    (7) For International Trade Administration (ITA):
    a. Supervisor Accountant, National Business Center, P&S Mail Stop 
2760, 7301 W. Mansfield Avenue, Lakewood, CO 80235-2230
    (8) For Minority Business Development Agency (MBDA):
    a. Chief, Financial Operations Division, NIST, 100 Bureau Drive, 
Mail Stop 3750, Building 101, Room A738, Gaithersburg, MD 20899
    (9) For National Institute of Standards and Technology (NIST):
    a. Supervisor, Accounts Receivable Group, NIST, 100 Bureau Drive, 
Mail Stop 3751, Gaithersburg, MD 20899-3751
    (10) For National Oceanic and Atmospheric Administration (NOAA):
    a. Chief, Receivables Branch, NOAA, 20020 Century Boulevard, Room 
3418, Germantown, MD 20874
    (11) For National Telecommunications & Information Administration 
(NTIA):
    a. Chief, Financial Operations Division, NIST, 100 Bureau Drive, 
Mail Stop 3750, Building 101, Room A738, Gaithersburg, MD 20899
    (12) For National Technical Information Service (NTIS):
    a. Supervisory Accountant, NTIS, 5285 Port Royal Road, Room 1021, 
Springfield, VA 22161
    (13) For U.S. Patent and Trademark Office (PTO):
    a. Director, Office of Finance, U.S. Patent and Trademark Office, 
2011 Crystal Drive, Suite 802, Arlington, VA 22202

Add:
Notification procedure:
    Inquiries under the Privacy Act of 1974, as amended, shall be 
addressed to the System Managers at the addresses listed in the section 
above. All individuals making inquiries should provide with their 
request as much descriptive matter as is possible to identify the 
particular record desired. The system manager will advise as to whether 
the Department or one of its offices or bureaus maintains the records 
requested by the individual.

Record access procedures:
    Delete: current paragraph.
    Add: Individuals requesting information under the Privacy Act of 
1974, as amended, concerning procedures for gaining access or 
contesting records should write to the System Managers listed above. 
All individuals are urged to examine the rules of the Department as 
published in 15 CFR part 4 b, concerning requirements of the Department 
with respect to the Privacy Act of 1974, as amended.

Contesting record procedures:
    Delete: current paragraph.
    Add: See ``Record access procedures'' above.

Record source categories:
    Delete: current paragraph.
    Add: Information in this system is provided by the individual on 
whom the record is maintained, the Departmental office or bureau to 
which the debt is owed, Federal employing agencies and other entities 
that employ the individual, Federal agencies issuing payments, 
collection agencies, locator and asset search companies, credit 
bureaus, Federal agencies furnishing identifying information and/or 
address of debtor information, or from public documents.

Add:
Exemptions claimed for the system:
    None.

    Dated: June 10, 2003.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 03-15207 Filed 6-16-03; 8:45 am]
BILLING CODE 3510-BV-P