[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Notices]
[Page 57447-57449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no09-17]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; Notice of Proposed New Routine Use
AGENCY: United States Department of Agriculture (USDA).
ACTION: Notice to revise existing Privacy Act System of Records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a, USDA gives notice that it is revising
the current routine uses by deleting two routine uses; and by adding a
new routine use to the Privacy Act System of Records OCFO-3, entitled
``Administrative Billings and Collections System''.
DATES: Comments must be received by the contact person listed below on
or before December 7, 2009. This notice will be adopted without further
publication in the Federal Register on January 5, 2010.
FOR FURTHER INFORMATION CONTACT: Darlene Irving, Privacy Act
Coordinator, National Finance Center, Office of the Chief Financial
Officer, USDA, P.O. Box 60000, New Orleans, Louisiana 70160-001, (504)
426-0168.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a,
USDA is revising the Administrative Billings and Collections System to
amend its current list of routine uses (62 FR 47622) to delete obsolete
routine uses number six and number eight, renumber the remaining
routine uses, and to add a new routine use nine to its system of
records allowing for the disclosure of information in the course of
responding to a breach of Federal data. The Office of Management and
Budget (OMB) requires all Federal agencies to be able to quickly and
efficiently respond in the event of a breach of personally identifiable
information and has directed agencies to publish a routine use that
will allow disclosure of Privacy Act information to persons and
entities in a position to assist with notifying affected individuals or
playing a role in preventing, minimizing, or remedying any harm from a
breach.
A ``Report on New System,'' required by 5 U.S.C. 552a (r) as
implemented by OMB Circular A-130, was sent to the Chairman, Committee
on Homeland Security and Governmental Affairs, United States Senate;
the Chairman,
[[Page 57448]]
Committee on Oversight and Government Reform, United States House of
Representatives; and the Administrator, Office of Information and
Regulatory Affairs, OMB.
Dated: October 19, 2009.
Thomas J. Vilsack,
Secretary.
USDA/OCFO-3
SYSTEM NAME:
Administrative Billings and Collections System, USDA/OCFO.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Finance Center (NFC), Office of the Chief Financial
Officer (OCFO), United States Department of Agriculture (USDA), New
Orleans, Louisiana 70160.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are indebted to the Federal Government and whose
debts are serviced by NFC.
CATEGORIES OF RECORDS IN THE SYSTEM:
This automated system consists of a master file containing the
debtor's name, address, Social Security number or assigned vendor
number, amount of indebtedness, amount of current collection, and
amount of total billing. Eventually, these records are transferred to a
history file for inquiry use. Information regarding debts subject to
the Treasury Offset Program (TOP) and Cross Servicing Program (CS) are
kept separate from the administrative billings and collections database
in an automated and manually updated claims database.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 3711 through 3719.
AGENCY OFFICIAL RESPONSIBLE FOR SYSTEM OF RECORD:
John White, Designated Accreditation Authority, NFC, OCFO, USDA,
P.O. Box 60000, New Orleans, Louisiana 70160.
PURPOSE(S):
The records in this system are used to issue bills and collect
funds due to the Government in compliance with the Debt Collection Act
of 1982, Public Law 97-365, 96 Stat. 1749, as amended by Public Law 98-
167, 97 Stat. 1104, and the Debt Collection Improvements Act of 1996,
Public Law 104-134, 110 Stat. 1321.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Referral to the appropriate agency, whether Federal, State,
local, or foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or of enforcing or implementing a
statute, rule, regulation, or order issued pursuant thereto, of any
record within this system when information available indicates a
violation or potential violation of law, whether civil, criminal, or
regulatory in nature, and whether arising by general statute or
particular program statute, or by rule, regulation, or order issued
pursuant thereto.
(2) Referral to the Department of Justice when (a) The agency, or
any component, thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the employee; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to the litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
providing, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information that is compatible with the purpose for which the records
were collected.
(3) Disclosure in a proceeding before a court or adjudicative body
before which the agency is authorized to appear, when (a) The agency,
or any component thereof; or (b) any employee of the agency in his or
her official capacity; or (c) any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the employee; or (d) the United States, where the agency
determines that litigation is likely to affect the agency or any of its
components, is a party to the litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by the agency to be relevant and necessary to the litigation,
providing, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information that is compatible with the purpose for which the records
were collected.
(4) Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made on behalf of the individual.
(5) Information will be forwarded to another Federal agency when a
Federal employee accepts employment with another Federal agency or when
NFC no longer provides payroll or debt collection services to the
employee's employing Federal agency.
(6) Information contained in this system of records may be
disclosed to a debt collection agency when USDA determines such
referral is appropriate for collecting the debtor's account as provided
for in U.S. Government contracts with collection agencies executed
pursuant to 31 U.S.C. 3718.
(7) Information contained in this system of records may be
disclosed to a consumer reporting agency in accordance with 31 U.S.C.
3711(f).
(8) Information contained in this system of records, related to
non-tax debts or claims that are delinquent for 180 days, will be sent
to the Secretary of the Treasury or to other Federal agencies
designated by the Secretary of the Treasury for the purpose of
offsetting Federal payments to collect delinquent debts, owed to the
Federal Government. Records will be matched by taxpayer identification
number (TIN) and name. For an individual, the TIN is the Social
Security number. For a business, the TIN is the Employer Identification
Number. The release of this information is in accordance with 31 U.S.C.
3716, 31 U.S.C. 3720A, and 4 CFR part 102.
(9) Disclosure of information to appropriate agencies, entities,
and persons when (1) NFC suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) USDA has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by USDA or another agency or entity) that rely upon the
compromised information; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with USDA's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm.
POLICIES AND PRACTICES REGARDING STORAGE, RETRIEVABILITY, ACCESS
CONTROLS, RETENTION, AND DISPOSAL OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on magnetic tape files, disk files, and in
folders at NFC.
RETRIEVABILITY:
Records in the administrative billings and collections database are
retrieved by
[[Page 57449]]
Social Security number and by name of individual or equivalent
identifying number. Records in the claims database are retrieved by the
claim number, by Social Security number and name of individual, or by
equivalent identifying number.
SAFEGUARDS:
Magnetic tape files and disk files are kept in a locked computer
room and tape library which can be accessed by authorized personnel
only. File folders are maintained in secure areas with access by
authorized personnel only. Disk files are password protected to limit
access to authorized personnel only. Online access by NFC and other
agency personnel is password protected.
RETENTION AND DISPOSAL OF RECORDS:
Master history magnetic tapes are retained in accordance with a
tape library management schedule. Manual records are transferred to the
Federal Records Center for storage and disposition in accordance with
General Services Administration regulations.
SYSTEM MANAGER(S) AND ADDRESS:
Director, NFC, OCFO, USDA, P. O. Box 60000, New Orleans, Louisiana
70160.
NOTIFICATION PROCEDURE:
Any individual may request information regarding this system of
records or information as to whether the system contains records
pertaining to him/her from the System Manager. A request for
information pertaining to an individual should be in writing and should
contain: Name, address, Social Security number, and particulars
involved (i.e., dates of claims, copies of correspondence, etc.).
RECORD ACCESS PROCEDURES:
Any individual may obtain information as to the procedures for
gaining access to a record in the system which pertains to him/her by
submitting a written request to the System Manager.
CONTESTING RECORD PROCEDURES:
Any individual may obtain information as to the procedures for
contesting a record in the system which pertains to him/her by
submitting a written request to the System Manager.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from USDA employees,
former USDA employees, non-USDA employees, agency claimants, and USDA
or other investigative personnel.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E9-26794 Filed 11-5-09; 8:45 am]
BILLING CODE 3410-KS-P