[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42118-42122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11803]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 011-2006]


Privacy Act of 1974; System of Records

AGENCY: Executive Office for United States Attorneys, Department of 
Justice.

ACTION: Notice of modifications to system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and 
Circular A-130 of the Office of Management and Budget (``OMB''), the 
Executive Office for United States Attorneys (``EOUSA''), Department of 
Justice (``DOJ''), proposes to update its system of records entitled 
JUSTICE/USA-015--``Debt Collection Enforcement System,'' last 
substantively revised on November 12, 1993 (58 FR 60055)--to reflect 
subsequent legal and administrative developments.

DATES: These actions will be effective September 5, 2006.

[[Page 42119]]


FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, and for general information on EOUSA's Privacy Act systems, 
contact Anthony J. Ciccone, Senior Attorney Advisor, Freedom of 
Information and Privacy Staff, Executive Office for United States 
Attorneys, at (202) 616-6757.

SUPPLEMENTARY INFORMATION: This notice updates JUSTICE/USA-015 to 
reflect debt collection enforcement developments since its 1993 
publication. Among other things, this notice revises statutory 
references, effects miscellaneous nomenclature changes, and updates 
storage, safeguards, access, and related issues. This notice also adds 
certain routine uses to facilitate debt collection enforcement efforts 
by EOUSA, the United States Attorneys' Offices (``USAOs''), and other 
Departmental components, including their agents and investigators.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and OMB, which has oversight 
responsibility of the Act, requires a 40-day period in which to 
conclude its review of the system. Therefore, please submit any 
comments by September 5, 2006. The public, OMB, and Congress are 
invited to submit comments to: Mary Cahill, Management and Planning 
Staff, Justice Management Division, Department of Justice, 1331 
Pennsylvania Ave., NW., Washington, DC 20530 (1400 National Place 
Building). In accordance with 5 U.S.C. 552a(r), the Department has 
provided a report to OMB and Congress.

    Dated: July 18, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for Administration.
JUSTICE/USA-015

System Name:
    Debt Collection Enforcement System, JUSTICE/USA-015.

Security Classification:
    Sensitive but unclassified.

System Location:
    The Executive Office for United States Attorneys (``EOUSA'') in 
Washington, DC, the Network Operations Center (``NOC'') in Columbia, 
SC, and individual United States Attorneys' Offices (``USAOs'') and 
their agents in each of the 94 Federal judicial districts nationwide, 
depending upon where debt collection proceedings are pending. 
(Individual office addresses can be located on the Internet at http://www.usdoj.gov/usao.)

Categories of Individuals Covered By the System:
    Individuals indebted to the United States who have either: (1) 
Allowed their debts to become delinquent and whose delinquent debts 
have been assigned to a USAO, or to private counsel retained by DOJ 
pursuant to contract (``contract private counsel''), for settlement or 
enforced collection through litigation; and/or (2) incurred debts 
assessed by a Federal court, e.g., fines or penalties in connection 
with civil or criminal proceedings.

Categories of Records in the System:
    This system of records contains records relating to the 
negotiation, compromise, settlement, and litigation of debts owed the 
United States. Records consist of debt collection case files, as well 
as automated and/or hard-copy supporting data, as summarized below.
    Case files include: evidence of indebtedness, judgment, or 
discharge; court filings such as legal briefs, pleadings, judgments, 
orders, and settlement agreements; litigation reports and related 
attorney work product; and agency status reports, memoranda, 
correspondence, and other documentation developed during the 
negotiation, compromise, settlement and/or litigation of debt 
collection activities.
    Automated and/or hard-copy supporting data include information 
extracted from the case file and information generated or developed in 
support of Federal debt collection activities. Such information may 
include: Personal data (e.g., name, social security number, date of 
birth, taxpayer identification number, locator information, etc.); 
claim details (e.g., value and type of claim, such as benefit 
overpayment, loan default, bankruptcy, etc.); demand information, 
settlement negotiations, and compromise offered; account information 
(e.g., debtor's payments, including principal, penalties, interests, 
and balances, etc.); information regarding debtor's employment, ability 
to pay, property liens, etc.; data regarding debtor's loans or benefits 
from client agencies or other entities; information on the status and 
disposition of cases at various times; and any other information 
related to the negotiation, compromise, settlement, or litigation of 
debts owed the United States, or to the administrative management of 
debt collection efforts.

Authority For Maintenance of the System:
    This system is established and maintained pursuant to the Debt 
Collection Act of 1982, Public Law 97-365, 96 Stat. 1749 (1982), as 
amended by the Debt Collection Improvement Act of 1996, Public Law 104-
134, 110 Stat. 132 (1996) (codified at 31 U.S.C. 3701, et seq.); the 
Federal Debt Collection Procedure Act of 1990, Public Law 101-647, 104 
Stat. 4933 (1990) (codified at 28 U.S.C. 3001, et seq.); the Cash 
Management Improvement Act of 1992, as amended by Public Law 102-589, 
106 Stat. 5135 (1994); and related authority.

Purposes:
    This system of records is maintained by EOUSA to cover records used 
by the USAOs, and/or contract private counsel, to perform legal 
services associated with the collection of debts due the United 
States--including related negotiation, settlement, litigation, and 
enforcement efforts--in accordance with the Debt Collection Act and 
related authority. More specifically, 31 U.S.C. 3711 authorizes the 
Attorney General to conduct litigation to collect delinquent debts due 
the United States. In addition, 31 U.S.C. 3718(b) authorizes the 
Attorney General to contract with private counsel to assist DOJ in 
collecting debts due the United States. The Attorney General is further 
authorized by 28 U.S.C. 3101 and 3201, et seq. (Chapter 176, ``Federal 
Debt Collection Procedure'') to obtain both pre-judgment and post-
judgment remedies against delinquent debtors. Moreover, under 28 U.S.C. 
3201(a) and (e), a judgment against such a debtor creates a lien on all 
real property of the debtor, and renders that debtor ineligible for any 
grant or loan insured, financed, guaranteed, or made by the Federal 
Government.


    Note: A separate but ancillary system of records--entitled 
``Debt Collection Management System, Justice/JMD-006''--is 
maintained by the Justice Management Division (``JMD''). System JMD-
006 furnishes automated litigation and/or administrative support to 
USAOs and to contract private counsel to assist in Federal debt 
collection activities. In addition, the JMD-006 system maintains an 
inventory of debtor files in all 94 judicial districts, consisting 
of all debtors referred to DOJ for settlement and/or enforced 
collection through litigation. The inventory enables DOJ to provide 
statistical data to Congress and OMB on debt collection in 
accordance with 31 U.S.C. 3718(c).


Routine Uses Of Records Maintained In The System, Including Categories 
Of Users And The Purposes Of Such Uses:

1. Disclosures to Former Employees

    Information may be disclosed 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

[[Page 42120]]

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.

2. Disclosures to Contractors and Other Personnel

    Information may be disclosed 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, including but not limited to persons 
assigned to the Department's Nationwide Central Intake Facility 
(``NCIF'') and/or contract private counsel and their agents.

3. Disclosures Related to Offsets and Remedies

    Information may be disclosed to the Internal Revenue Service 
(``IRS''), Department of Defense (``DOD''), United States Postal 
Service (``USPS''), and/or Department of Housing and Urban Development 
(``HUD'') in accordance with computer matching or data sharing programs 
to locate debtors eligible for Federal tax refunds, salaries, pensions, 
annuities, benefits, or other Federal payments against which offsets or 
other remedies would be appropriate. The debts and associated records 
of individuals so identified may be referred to the appropriate Federal 
agency for collection by administrative, salary, or other procedures to 
offset Federal payments.

4. Disclosures to Treasury Department

    Information may be disclosed to the Department of the Treasury, 
including the IRS, pursuant to the Debt Collection Improvement Act and 
related authority for any purpose related to debt collection, including 
locating debtors for debt collection efforts and/or effecting offsets 
against monies payable to such debtors by the Federal Government.

5. Disclosures to Client Agencies

    Information from this system may be disclosed to client agencies 
who have referred outstanding debts to DOJ for debt collection efforts, 
including settlement or litigation, to notify such agencies of case 
developments, the status of accounts receivable or payable, case-
related decisions or determinations, or to make such other inquiries 
and reports related to debt collection efforts.

6. Disclosures to Disbursing/Offset Agencies

    Information from this system may be disclosed to any Federal agency 
that employs and/or pays pension, annuity and/or other benefits to an 
individual who has been identified as a delinquent debtor for purposes 
of offsetting the individual's salary and/or pension, annuity or other 
benefit payment received from that agency, when DOJ is responsible for 
the enforced collection of a judgment or claim on behalf of the United 
States against that person.

7. Disclosures for Debt Verification and Collection Purposes

    Information from this system may be disclosed to any Federal, 
State, local, or tribal agency, or to an individual or organization, if 
there is reason to believe that they possess information relating to 
the verification or collection of debts owed the Federal Government, 
and if the disclosure seeks to elicit information from such entities 
regarding: (a) The status of such debts, including settlement, 
litigation, or other collection efforts; (b) the identification or 
location of such debtors; or (c) the cooperation of witnesses, 
informants, or others possessing collection-related information.

8. Disclosures of Non-Tax Debts

    In accordance with regulations issued by the Secretary of the 
Treasury to implement the Debt Collection Improvement Act of 1996, 
information from this system may be disclosed to publish or otherwise 
publicly disseminate the identity of debtors and/or the existence of 
non-tax debts, 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 or 
designee.

9. Disclosures for Audit, Oversight, and Training

    Information from this system may be disclosed to any individual or 
organization requiring such information for the purpose of performing 
audit, oversight, and training operations of DOJ and to meet related 
reporting requirements.

10. Disclosures to Law Enforcement and Regulatory Agencies

    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 authority or other appropriate agency charged with the 
responsibility of investigating or prosecuting such a violation or 
enforcing or implementing such law.

11. Disclosures in Proceedings

    Information from this system may be disclosed in an appropriate 
proceeding before a court, or administrative or adjudicative body, when 
DOJ determines that the records are arguably relevant to the 
proceeding; or in an appropriate proceeding before an administrative or 
adjudicative body when the adjudicator determines the records to be 
relevant to the proceeding.

12. Disclosures in Settlement/Plea Negotiations

    Information from this system may be disclosed to an actual or 
potential party to litigation or the party's authorized representative 
for the purpose of negotiation or discussion of such matters as 
settlement, plea bargaining, or in informal discovery proceedings.

13. Disclosures Related to Federal Employment, Clearance, Contracts, 
and Grants

    Information from this system may be disclosed 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.

14. Disclosures Related to State or Local Employment

    Information from this system may be disclosed to designated 
officers and employees of state, local (including the District of 
Columbia), or tribal law enforcement or detention agencies in 
connection with the hiring or continued employment of an employee or 
contractor, where the employee or contractor would occupy or occupies a 
position of public trust as a law enforcement officer or detention 
officer having direct contact with the public or with prisoners or 
detainees, to the

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extent that the information is relevant and necessary to the recipient 
agency's decision.

15. Disclosures Related to Licenses and Permits

    Information from this system may be disclosed to Federal, State, 
local, tribal, foreign, or international licensing agencies or entities 
which require information concerning the suitability or eligibility of 
an individual for a license or permit.

16. Disclosures to NARA

    Information from this system may be disclosed to the National 
Archives and Records Administration (``NARA'') for purposes of records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.

17. Disclosures to News Media and Public

    Information from this system may be disclosed 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.

18. Disclosures to Members of Congress

    Information from this system may be disclosed 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.

19. Disclosures Related to Health Care Fraud

    Information from this system relating to health care fraud may be 
disclosed to private health plans, or associations of private health 
plans, and health insurers, or associations of health insurers, for the 
following purposes: To promote the coordination of efforts to prevent, 
detect, investigate, and prosecute health care fraud; to assist efforts 
by victims of health care fraud to obtain restitution; to enable 
private health plans to participate in local, regional, and national 
health care fraud task force activities; and to assist tribunals having 
jurisdiction over claims against private health plans.

20. Disclosures to Complainants and Victims

    Information from this system may, in the agency's discretion, be 
disclosed to persons determined to be complainants and/or victims, to 
the extent deemed necessary to provide such persons with information 
concerning the progress and/or results of the investigation or case 
arising from the matters of which they complained and/or of which they 
were a victim.

Disclosure To Consumer Reporting Agencies:
    Information from this system of records may be disclosed to a 
credit or consumer reporting agency, as such terms are used in the Fair 
Credit Reporting Act (15 U.S.C. 1681, et seq.) and the Debt Collection 
Act (31 U.S.C. 3701, et seq.), when such information is necessary or 
relevant to Federal debt collection efforts, including, but not limited 
to, obtaining a credit report on a debtor, payor, or other party-in-
interest; reporting on debts due the Government; and/or pursuing the 
collection of such debts through settlement, negotiation, or 
litigation.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Certain records in this system are maintained in automated computer 
information systems and stored in electronic format for use or 
reproduction in report form at various times. Other records in this 
system are maintained in paper format located in file cabinets, safes, 
and similar storage containers.

Retrievability:
    Data in this system of records may be retrieved by debtor names or 
personal identifiers, case numbers, computerized queries, and other 
keyword searches.

Safeguards:
    Records contained in this system are unclassified. They are 
safeguarded and protected in accordance with DOJ rules and procedures 
governing the handling of office records and computerized information. 
Access to this system is restricted to those DOJ employees and 
contractors, including contract private counsel, who need access to 
perform official debt collection activities, including related 
administrative and support functions. During duty hours, access to this 
system is monitored and controlled by DOJ employees and contractors. 
During nonduty hours, records are maintained in locked facilities. 
Access to automated data requires the use of the proper password and 
user identification code. Access by contract private counsel is 
restricted to those cases assigned to them for debt collection efforts.

Retention and Disposal:
    Records from this system are retained and disposed of in accordance 
with Part 3-13.310 of the United States Attorneys' Manual 
(``Comprehensive Retention Schedule'') published at http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title3/13musa.htm, 
and related authority.

System Manager(S) and Address:
    The system managers for this system of records are located at the 
Executive Office for United States Attorneys in Washington, DC, the 
Network Operations Center in Columbia, SC, and individual United States 
Attorneys' Offices in the 94 Federal judicial districts nationwide, 
depending upon where debt collection proceedings are pending. 
(Individual office addresses can be located on the Internet at http://www.usdoj.gov/usao.)

Notification Procedure:
    Address inquiries to the System Manager (see above) in the judicial 
district where debt collection efforts were initiated. For further 
information, see 28 CFR 16.40, et seq.

Record Access Procedure:
    Requests for access must be in writing and should be addressed to 
the System Manager (see above) in the judicial district where debt 
collection efforts were initiated. The envelope and letter should be 
clearly marked ``Privacy Act Request'' and comply with 28 CFR 16.41 
(``Requests for Access to Records''), et seq. Access requests must 
contain the requester's full name, current address, date and place of 
birth, and should include a clear description of the records sought and 
any other information that would help to locate the record (e.g., name 
of the case and Federal agency to whom the debtor is indebted). Access 
requests must be signed and dated and either notarized or submitted 
under penalty of perjury pursuant to 28 U.S.C. 1746.

Contesting Record Procedures:
    Individuals desiring to contest or amend information maintained in 
the system should clearly and concisely state what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information. Address such inquiries to the System Manager (see 
above) in the judicial district where debt collection efforts were 
initiated. The envelope and letter should be clearly marked ``Privacy 
Act Request'' and comply with 28 CFR 16.46 (``Request for Amendment or 
Correction of Records''), et seq.

Record Source Categories:
    Sources of information contained in this system primarily consist 
of the individuals covered by the system; DOJ

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and/or agencies to whom the individual is indebted, seeks benefits, or 
has furnished information; attorneys or other representatives of debtor 
and/or payors; and Federal, State, local, tribal, foreign, or private 
organizations or individuals who may have information regarding the 
debt, the debtor's ability to pay, or any other information relevant or 
necessary to assist in debt collection efforts.

Exemptions Claimed for the System:
    None.

[FR Doc. E6-11803 Filed 7-24-06; 8:45 am]
BILLING CODE 4410-07-P