[Federal Register Volume 69, Number 107 (Thursday, June 3, 2004)]
[Notices]
[Pages 31406-31408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12578]



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DEPARTMENT OF JUSTICE

[AAG/A Order No. 008-2004]


Privacy Act of 1974; 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 
modify a Department-wide system of records entitled ``Accounting 
Systems for the Department of Justice (DOJ), DOJ-001.'' This system of 
records was last published on May 28, 1999 at 64 FR 29069. 
Modifications include: a new method of storage and safeguards; updated 
and simplified routine uses; removal of the Immigration and 
Naturalization Service from the components covered, as INS is no longer 
part of DOJ; and addition of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, which joined the DOJ on January 24, 2003.
    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 this notice; 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 July 13, 2004. 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, DC 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 25, 2004.
Paul R. Corts,
Assistant Attorney General for Administration.
DEPARTMENT OF JUSTICE--001

System Name:
    Accounting Systems for the Department of Justice (DOJ).

Security Classification:
    Not classified.

System Locations:
    Justice Management Division, 950 Pennsylvania Ave., NW., 
Washington, DC 20530 [Internet Web site: www.usdoj.gov]; Central 
Offices of the Bureau of Prisons (BOP) at 320 1st St., NW., Washington, 
DC 20534 and Federal Prison Industries (FPI) at 400 1st St., NW., 
Washington, DC 20534 [Internet Web site: www.UNICOR.Gov]; and at any 
BOP/FPI Regional Offices and/or any of the BOP/FPI facilities at 
addresses provided in 28 CFR part 503 [and at the BOP Internet Web 
site: www.bop.gov]; Headquarters of the Drug Enforcement Administration 
(DEA), Office of Finance, 700 Army Navy Drive, Arlington, VA., 22202; 
and at DEA field offices listed as detailed in DEA-999 [and at the DEA 
Internet Web site: www.dea.gov]; 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 [and at the FBI 
Internet Web site: www.fbi.gov]; Office of Justice Programs (OJP), 810 
7th Street, NW., Washington, DC 20531 [Internet Web site: www.ojp.gov]; 
U.S. Marshals Service (USMS), CS-3, 11th Floor, Washington, DC 20530-
1000; and at 94 district offices of the USMS [listed at the USMS 
Internet Web site: www.usms.gov]; Bureau of Alcohol, Tobacco, Firearms 
and Explosives (ATF), 650 Massachusetts Ave., NW., Washington, DC 20226 
and at field offices [listed at the ATF Internet Web site: 
www.atf.gov].

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;
    (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, and to comply with reporting 
regulations of the Internal Revenue Service of the Department of 
Treasury.

Authority for Maintenance of the System:
    31 U.S.C. 3512; 44 U.S.C. 3101.

Purpose of the System:
    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 appropriate officials and employees of a Federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract, or the issuance of a grant or benefit.
    (4) To Federal, State, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    (5) Where a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate Federal, State, local, foreign, or tribal, 
law enforcement

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authority or other appropriate agency charged with the responsibility 
of investigating or prosecuting such a violation or enforcing or 
implementing such law.
    (6) To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    (7) In an appropriate proceeding before a court, or administrative 
or adjudicative body, when the Department of Justice determines that 
the records are arguably relevant to the proceeding; or in an 
appropriate proceeding before an administrative or adjudicative body 
when the adjudicator holds the records to be relevant to the 
proceeding.
    (8) To the news media and the public pursuant to 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.
    (9) 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.
    (10) To the National Archives and Records Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    (11) To any Federal, State, or local agency, or 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 the 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.
    (12) 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 enforced 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;
    (13) To the U.S. Department of the Treasury, the U.S. Department of 
Defense, the U.S. Postal Service, or other disbursing agencies, in 
order to 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 other actions required or permitted by law to collect such debt.
    (14) 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 changes in agency statutory requirements.
    (15) 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 Internal Revenue Service (IRS) 
to effect an offset against Federal income tax refund due.
    (16) To employers to institute administrative wage garnishments to 
recover debts owed the United States.
    (17) 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.
    (18) 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.
    (19) To the IRS for reporting a discharged debt as potential 
taxable income.
    (20) 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.
    (21) 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.
    (22) To other Federal or State agencies as required by law.
    (23) To a consumer or commercial reporting agency in accordance 
with the Debt Collection Improvement Act of 1996.
    (24) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    (25) 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, or other law.
    (26) The Department of Justice may disclose relevant and necessary 
information to a former employee of the Department for purposes of: 
Responding to an official inquiry by a Federal, State, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.

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Disclosure to Consumer Reporting Agencies:
    Only as noted in Routine Use 23 above.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Magnetic disks, magnetic tapes, microfiche, microfilm, file 
folders, and digitized images, or any other media.

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. 
Records are retained in the form of digitized images on a server to 
which limited workstations have access. Access to the server from these 
workstations is controlled by passwords. Server and workstations are 
located in controlled-access buildings. 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 Addresses:
    Director, Finance Staff, Justice Management Division (JMD), U.S. 
Department of Justice, 950 Pennsylvania 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 Administration (DEA), 700 Army Navy Drive, Arlington, VA 
22202.
    Director, Federal Bureau of Investigation (FBI), 935 Pennsylvania 
Ave., NW., Washington, DC 20535.
    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, CS-3, 11th Floor, Washington, DC 20530-1000.
    Office of Management/Chief Financial Officer, Bureau of Alcohol, 
Tobacco, Firearms and Explosives, 650 Massachusetts Ave., NW., 
Washington, DC 20226.

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.
    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, 400 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.
    ATF: Address request to Disclosure Division, Privacy Act Request, 
Bureau of Alcohol, Tobacco, Firearms and Explosives, 650 Massachusetts 
Avenue, NW., Washington, DC 20226.
    The envelope and letter should be clearly marked ``Privacy Act 
Access Request.'' The request should include a general description of 
the records sought and must include the requester's full name, current 
address, and date and place of birth. The request must be signed and 
dated and either notarized or submitted under penalty of perjury. If 
known, the requester should also identify the date or year in which a 
debt was incurred, e.g., date of invoice or purchase order.

Contesting Record Procedures:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request according to the Record Access 
Procedures listed above, stating clearly and concisely what information 
is being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. Some information is not subject to 
amendment, such as tax return information. A determination whether a 
record may be amended will be made at the time a request is received.

Record Source Categories:
    Operating personnel, individuals covered by the system, and Federal 
agencies.

Exemptions Claimed for the System:
    None.

[FR Doc. 04-12578 Filed 6-2-04; 8:45 am]
BILLING CODE 4410-FB-P