Justia Regulation Tracker

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[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