[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Notices]
[Pages 33438-33440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16051]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 136-97]
Privacy Act of 1974; Notice of Modified System of Records
Pursuant to the Cash Management Improvement Act Amendments of 1992
(102-589), the Department of Justice published the Debt Collection
offset Payment System, Justice/JMD-009 on April 11, 1994 (54 17111).
The primary purpose for establishing the system of records was to
determine whether administrative offset of delinquent debts could be
made by Federal agencies against compensation due delinquent debtors
who are present or former employees of such agencies, or present or
former members of the Armed Forces. Ancillary purposes were to refer
delinquent debts to the Internal Revenue Service (IRS) for offset
against any income tax refunds that may be due the debtors under the
IRS Federal Income Tax Refund Offset Program; to record data on any
offset made; and to maintain historical data on delinquent debtor
payments through the Program.
The Department now proposes to modify the system to add a new
routine use disclosure provision which will permit the Department to
participate in a mandatory, government-wide offset payment system known
as the Treasury Offset Program, and administered by Treasury pursuant
to the Debt Collection Improvement Act of 1996, Pub. L. No. 104-134.
The routine use, identified as (d) in the attached Federal Register
notice, will permit the Department to transfer to Treasury for
administrative offset those non-tax debts which are more than 180 days
delinquent.
In addition, the Department is revising the ``Authority for
Maintenance of the System'' to include the Debt Collection Act of 1982,
and the Debt Collection Improvement Act of 1996 (Pub. L. No. 104-134).
Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be
given 30 days in which to comment on any proposed new routine uses. Any
comments may be submitted in writing to Patricia E. Neely, Program
Analyst, Information Management and Security Staff, Information
Resources Management, Justice Management Division, Department of
Justice, Washington, DC 50530 by July 21, 1997.
As required by 5 U.S.C. 552a(r) and Office of Management and Budget
(OMB) implementing regulations, the Department of Justice has provided
a report on the proposed changes to OMB and the Congress.
A modified system description is set forth below. The changes have
been italicized for public convenience.
Dated: May 16, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/JMD-609
System Name:
Debt Collection Offset Payment System, Justice/JMD-009
System Location:
Department of Justice (DOJ), Justice Data Center, 1151D Seven Locks
Road, Rockville, Md.
Categories of Individuals Covered by the System:
Federal debtors. Federal debtors include (but may not be limited
to)
[[Page 33439]]
those who have received overpayments through direct financial
assistance, those who owe debts of restitution based on civil or
criminal judgments entered by Federal courts, and those who have
obtained insured or guaranteed loans from Federal agencies, and (a)
whose delinquent debts have been sent by client Federal agencies to the
DOJ for enforced collection through litigation or (b) whose delinquent
debts are owed directly to the DOJ.
Categories of Records in the System:
Automated records include a data base on delinquent debts by debtor
name, taxpayer address and Taxpayer Identification Number (TIN), type
of government claim involved, and the Federal agency entitled to notice
of funds collected. (Such debts are referred by United States Attorneys
(USAs) from client Federal agencies), and by other DOJ components). The
data base also includes (1) information identifying those delinquent
debtors who are present or former Federal employees, or members of the
Armed Forces and whose salaries or other Federal benefit payments may
be eligible for administrative offset by their respective employers
(and whose debts may be referred to such agencies for such offsets),
(2) voluntary payments made to the DOJ Jockbox, and (3) debt amounts
offset by the Internal Revenue Service (IRS) against income tax
refunds. Manual records include computer-generated reports that list
all delinquent debtors by name. TIN, tax year, and the USA or other DOJ
component (and/or other Federal agency) that referred the delinquent
debt for collection, the referring agency's claim number, the status of
the account, and the balance owed.
Authority for Maintenance of the System:
Pub. L. No. 97-365, the Debt Collection Act of 1982; Section 3 of
Pub. L. No. 102-589, the Cash Management Improvement Act Amendments of
1992; and Pub. L. No. 104-134 the Debt Collection Improvement Act of
1996.
Purpose of the System:
This system of records is used first to determine whether
administrative offset of the delinquent debts can be made by Federal
agencies against compensation due delinquent debtors who are present or
former employees of such agencies, or present or former members of the
Armed Forces. Second, it is used to refer delinquent debts to the IRS
for offset against any income tax refunds that may be due the debtors
under the IRS Federal Income Tax Refund Offset Program, to record data
on any offsets made, and to maintain historical data on delinquent
debtor payments through the Program.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
DOJ may disclose relevant information from this system as follows:
(a) To the IRS to obtain the mailing address of a taxpayer for the
purpose of locating such taxpayer to collect or to compromise a debt
owed by the taxpayer to the United States.
(b) To the Department of Defense (DOD) and United States Postal
Service (USPS) to conduct computer matching programs to identify and
locate debtors who receive Federal salaries, and/or pension, annuity or
other Federal benefit payments. Except where such debts are paid
voluntarily, the debts of those individuals who have been so identified
will be returned to the DOJ component, or to the USA for referral to
the appropriate Federal agency, for collection by administrative
salary, or other procedure to offset Federal payments.
(c) To the IRS to conduct computer matching programs to identify
individuals entitled to refunds against which tax refund offsets would
be appropriate and to enable the IRS to offset the taxpayer's tax
refund. (A tax refund offset may be initiated where the debt cannot be
offset against the payment of Federal benefits such as Federal
salaries, annuities, pensions, etc.)
(d) These records pertaining to delinquent debts, and any
information in the records, may be disclosed to Treasury pursuant to
the Debt Collection Improvement Act of 1966, Pub. L. No. 104-134, for
the purpose of locating the debtor and/or effecting administrative
offset against monies payable by the Government to the debtor, or held
by the Government for the debtor, to recover such delinquent debts.
(e) To notify client agencies as to the status of payments and to
make inquiries and reports as necessary during the processing of debt
collection payments, whether such payments are made voluntarily or
whether they are collected through the tax refund offset procedure.
(f) To contractor employees operating the Nationwide Central Intake
Facility to account for debtor payments that have been received. (See
the ``Debt Collection Management System, Justice/JMD-006'' which
describes debtor records maintained by the Nationwide Central Intake
Facility.)
(g) In a proceeding before a court or adjudicative body before
which DOJ or contract private counsel are 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 contract private
counsel to arguably relevant to the litigation: (1) DOJ, or any
component thereof, or contract private counsel, or (2) any employee of
DOJ or contract private counsel in his or her official capacity or (3)
any employee of DOJ or contract private counsel in his or her
individual capacity where DOJ has agreed to represent the employee, or
(4) the United States, where DOJ or contract private counsel determines
that the litigation is likely to affect DOJ or any of its components.
(h) To volunteer student workers and students working under a
college work-study program as is necessary to enable them to perform
their duties.
(i) To employees or to contract personnel to access the records for
Privacy Act training purposes.
(j) 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.
(k) 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.
(l) To the National Archives and Records Administration (NARA) and
to the General Services Administration in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Periodic reports are stored in binders; automated data is stored on
magnetic tape.
Retrievability:
Records are retrieved by debtor's name or TIN.
Safeguards:
Access to the facility where the records are maintained requires
identification clearance by a security officer or guard. Paper records
are maintained in a locked room during non-duty hours. Access to
automated data requires the use of the proper passwords and user
identification codes by personnel with security clearances.
[[Page 33440]]
Finally, only those personnel who require access to perform their
duties may access these records.
Retention and Disposal:
Paper records are shredded after five years; automated information
will be erased ten years after the related case files reported in the
Debt Collection Enforcement System, Justice/USA-015, have been closed.
(Pending approval of the NARA).
System Manager and Address:
Deputy Assistant Attorney General, Debt Collection Management,
Justice Management Division, Department of Justice, Washington, DC
20530.
Notification Procedures:
Address requests to the system manager identified above.
Records Access Procedures:
Address requests for access to the system manager identified above.
Clearly mark the envelope ``Privacy Access Request.'' Include in the
request the debtor's name, TIN, address, and any other identifying
information which may be assistance in locating the record, e.g., name
of the case or Federal agency to whom the debtor is indebted. In
addition, include the notarized signature of the debtor as well as the
name and address of the individual to receive the information if other
than the debtor.
Contesting Records Procedures:
Address requests to contest to the system manager identified above.
State clearly and concisely the information being contested, the
reasons for contesting it, and the proposed amendment to the
information.
Record Source Categories:
USAs on behalf of Federal agencies; DOJ components; DOD, USPS, IRS,
and the debtor.
Systems Exempted from Certain Provisions of the Act:
None.
[FR Doc. 97-16051 Filed 6-18-97; 8:45 am]
BILLING CODE 4410-AR-M
