Privacy Act of 1974; Notice of New System of Records

[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Notices]
[Pages 29069-29071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13401]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 165-99]


Privacy Act of 1974; Notice of New 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 
establish a new Department-wide system of records entitled ``Accounting 
Systems for the Department of Justice (DOJ), DOJ-001,'' The Department-
wide system will replace those which now exist for separate Department 
components, and will include new disclosure provisions--in particular 
those which are necessary to implement the requirements of the Debt 
Collection Improvement Act of 1996 (DCIA). Certain disclosures 
necessary to implement the DCIA involve disclosure to consumer and 
commercial reporting agencies. An agency is required by the DCIA to 
disclose certain information about delinquent debtors to consumer 
reporting agencies, if the system of records notice indicates that such 
disclosure will be made and the debtor has been provided the due 
process rights set out in the DCIA. An agency also may disclose 
information concerning non-delinquent debts to consumer reporting or 
commercial reporting agencies in accordance with the DCIA, where notice 
that such disclosures may be made is indicated in the published system 
of records.
    By separate notice, the Department will remove the systems of 
records now published for individual Department components after the 
required 30-day public comment period for the new Department-wide 
system of records has expired.
    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 the new routine uses; 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 June 28, 1999. 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, D.C., 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 10, 1999.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Department of Justice--001

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

System Location: 
    Justice Management Division, 10th St. and Constitution Ave., NW., 
Washington, DC 20530; Central Offices of the Bureau of Prisons (BOP) 
and Federal Prison Industries (FPI) at 320 1st St., NW., Washington, DC 
20534; and at any BOP/FPI Regional Offices and/or any of the BOP/FPI 
facilities at addresses provided in 28 CFR part 503; Headquarters of 
the Drug Enforcement Administration (DEA), Office of Finance, 700 Army 
Navy Drive, Arlington, VA, 22202; and at DEA field offices as detailed 
in Justice/DEA-999; 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; Headquarters of the Immigration 
and Naturalization Service (INS) at 425 I Street, NW., Washington, DC 
20536; and at INS Regional and District Offices, Administrative 
Centers, Service Centers, and other INS file control offices as 
detailed in Justice/INS-999; Office of Justice Programs (OJP), 810 7th 
Street, NW, Washington, DC 20531; U.S. Marshals Service (USMS), 600 
Army Navy Drive, Arlington, Virginia 22202; and at 94 district offices 
of the U.S. Marshals Service (USMS) as detailed in Justice/USM-999.

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;

[[Page 29070]]

    (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.

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

Purpose(s):
    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 a Federal, State, or local agency, or tribal authority, in 
connection with the hiring or retention of an employee; the issuance of 
a security clearance; the reporting of an investigation of an employee; 
the letting of a contract; or the issuance of a license, permit, grant 
or other benefit by the requesting agency, to the extent that the 
information relates to the requesting agency's decision on the matter;
    (4) To the appropriate agency (whether Federal, State, local, 
foreign, or tribal authority) charged with the responsibility of 
investigating or prosecuting violations or potential violations of law, 
or charged with enforcing or implementing the related statute, rule, 
regulation or order issued pursuant thereto, but only where the record, 
either on its face or in conjunction with other information, indicates 
such a violation or potential violation of law (whether civil, criminal 
or regulatory in nature);
    (5) To an actual or potential party or to his or her attorney for 
the purpose of negotiation or discussion on such matters as settlement 
of a case or matter, or informal discovery proceedings involving 
records in this system;
    (6) In a proceeding before a court or adjudicative body before 
which the DOJ, or any DOJ component or subdivision thereof, is 
authorized to appear when any of the following is a party to litigation 
or has an interest in litigation and such records are determined by 
DOJ, or any DOJ component or subdivision thereof, to be arguably 
relevant to the litigation: the DOJ, or any DOJ components or 
subdivision thereof; any DOJ employee in his/her official capacity; any 
DOJ employee in his/her individual capacity where the DOJ has agreed to 
represent the employee; or the United States where DOJ, or any DOJ 
component or subdivision thereof, determines that the litigation is 
likely to affect it or any of its subdivisions;
    (7) To the news media and the public to the extent permitted by 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;
    (8) 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;
    (9) To the National Archives and Records Administration and to the 
General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906;
    (10) To any Federal, State, or local agency, of 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 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.
    (11) 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 enforce 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;
    (12) To the U.S. Department of the Treasury, the U.S. Department of 
Defense, the U.S. Postal Service, or the disbursing agencies, in order 
the 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 
the actions required or permitted by law to collect such debt;
    (13) 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 changing in agency statutory requirements;
    (14) 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 IRS to effect an offset against 
Federal income tax refund due;
    (15) To employers to institute administrative wage garnishments to 
recover debts owed the United States;
    (16) 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;

[[Page 29071]]

    (17) 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;
    (18) To the Internal Revenue Service (IRS) for reporting a 
discharged debt as potential taxable income;
    (19) 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;
    (20) 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;
    (21) To other Federal or State agencies as required by law;
    (22) To a consumer or commercial reporting agency in accordance 
with the Debt Collection Improvement Act of 1996;
    (23) To contractors, grantees, experts, consultants, volunteers, 
detailees, and other non-DOJ employees performing or working on a 
contract, service, grant, cooperative agreement, or job for the Federal 
Government when necessary to accomplish an agency function related to 
this system of records.
    (24) 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 of 1986, or 
other law.

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

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. 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 Address:
    Director, Finance Staff, Justice Management Division (JMD), U.S. 
Department of Justice, 10th St. and Constitution 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 Administrtion (DEA), 700 Army Navy Drive, Arlington, VA, 
22202.
    Director, Federal Bureau of Investigation (FBI), 935 Pennsylvania 
Ave., NW, Washington, DC 20535.
    Assistant Commissioner for Financial Management, Immigration and 
Naturalization Service (INS), 425 I St., NW, Washington DC 20536
    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, 600 Army Navy Drive, Arlington, VA., 22202.

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.
    INS: Address requests to the System Manger or to the Freedom of 
Information Act (FOIA)/Privacy Act (PA) Officer at the INS office where 
the record is maintained or (if unknown) to the FOIA/PA officer at 425 
I Street, NW, Washington, DC 20536.
    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, 320 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.
    The envelope and letter should be clearly marked ``Privacy Act 
Access Request.'' Inquires should include requester's name, date and 
place of birth, address, and verification of identity in accordance 
with 28 CFR 16.41(d). If known, the requester should also identify the 
date or year I which a debt was incurred, e.g., date of invoice or 
purchase order.

Contesting Record Procedures:
    Same as Record Access Procedures

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

Systems Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 99-13401 Filed 5-27-99; 8:45 am]
BILLING CODE 4410-C5-M