[Federal Register: June 3, 2004 (Volume 69, Number 107)]
[Notices]
[Page 31406-31408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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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: http://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: http://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: http://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: http://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: http://www.fbi.gov]; Office of Justice Programs (OJP), 810
7th Street, NW., Washington, DC 20531 [Internet Web site: http://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: http://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:
http://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
[[Page 31407]]
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.
[[Page 31408]]
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]