Privacy Act of 1974; Notice of New System of Records

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;

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(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;

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(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]

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