Privacy Act of 1974; System of Records, 42118-42122 [E6-11803]
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42118
Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Notices
generally in the public interest.
Accordingly, the Commission has
granted the joint motion to terminate the
investigation based on the settlement
agreement.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.21 of the Commission’s
Rules of Practice and Procedure (19
CFR. 210.21).
Issued: July 19, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–11753 Filed 7–24–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–253 and 731–
TA–132, 252, 271, 273, 409, 410, 532–534,
and 536 (Second Review)]
Certain Pipe and Tube From Argentina,
Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey
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Determinations
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the
Act), that revocation of the
countervailing duty order on circular
welded pipe and tube from Turkey; the
antidumping duty orders on circular
welded pipe and tube from Brazil, India,
Korea, Mexico, Taiwan, Thailand, and
Turkey; and the antidumping duty order
on light-walled rectangular pipe and
tube from Taiwan would be likely to
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time. The Commission
further determines that revocation of the
antidumping duty order on light-walled
rectangular pipe and tube from
Argentina would not be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.2
Background
The Commission instituted these
reviews on July 1, 2005 (65 FR 38204)
and determined on October 4, 2005 that
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioners Stephen Koplan and Charlotte
R. Lane dissenting.
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it would conduct full reviews (70 FR
60367, October 17, 2005). Notice of the
scheduling of the Commission’s reviews
and of a public hearing to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register on December 5, 2005
(70 FR 72467).3 The hearing was held in
Washington, DC, on May 9, 2006, and
all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these reviews to the
Secretary of Commerce on July 18, 2006.
The views of the Commission are
contained in USITC Publication 3867
(July 2006), entitled Certain Pipe and
Tube from Argentina, Brazil, India,
Korea, Mexico, Taiwan, Thailand, and
Turkey (Inv. Nos. 701–TA–253 and 731–
TA–132, 252, 271, 409, 410, 532–534,
and 536 (Second Review)).
Issued: July 18, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–11755 Filed 7–24–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
order on stainless steel wire rod from
India would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.
Background
The Commission instituted these
reviews on July 1, 2005 (70 FR 38207)
and determined on October 4, 2005 that
it would conduct full reviews (70 FR
60109, October 14, 2005). Notice of the
scheduling of the Commission’s reviews
and of a public hearing to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register on January 23, 2006
(71 FR 3541). The hearing was held in
Washington, DC, on May 18, 2006, and
all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these reviews to the
Secretary of Commerce on July 19, 2006.
The views of the Commission are
contained in USITC Publication 3866
(July 2006), entitled Stainless Steel Wire
Rod from Brazil, France, and India:
Investigation Nos. 731–TA–636–638
(Second Review).
[Investigation Nos. 731–TA–636–638
(Second Review)
Stainless Steel Wire Rod From Brazil,
France, and India
Issued: July 20, 2006.
By order of the Commission.
Marilyn R. Abbott
Secretary to the Commission.
[FR Doc. E6–11836 Filed 7–24–06; 8:45 am]
BILLING CODE 7020–02–P
Determination
On the basis of the record 1 developed
in these subject five-year reviews, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the
Act), that revocation of the antidumping
duty orders on stainless steel wire rod
from Brazil and France would not be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.2 The
Commission further determines that
revocation of the antidumping duty
3 The Commission revised its schedule in these
reviews on June 2, 2006 (71 FR 33484, June 9,
2006).
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioners Stephen Koplan and Charlotte
R. Lane dissenting with respect to Brazil;
Commissioner Lane dissenting with respect to
France.
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 011–2006]
Privacy Act of 1974; System of
Records
Executive Office for United
States Attorneys, Department of Justice.
ACTION: Notice of modifications to
system of records.
AGENCY:
SUMMARY: Pursuant to the Privacy Act of
1974 (5 U.S.C. 552a) and Circular A–130
of the Office of Management and Budget
(‘‘OMB’’), the Executive Office for
United States Attorneys (‘‘EOUSA’’),
Department of Justice (‘‘DOJ’’), proposes
to update its system of records entitled
JUSTICE/USA–015—‘‘Debt Collection
Enforcement System,’’ last substantively
revised on November 12, 1993 (58 FR
60055)—to reflect subsequent legal and
administrative developments.
DATES: These actions will be effective
September 5, 2006.
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For
further information regarding this
notice, and for general information on
EOUSA’s Privacy Act systems, contact
Anthony J. Ciccone, Senior Attorney
Advisor, Freedom of Information and
Privacy Staff, Executive Office for
United States Attorneys, at (202) 616–
6757.
SUPPLEMENTARY INFORMATION: This
notice updates JUSTICE/USA–015 to
reflect debt collection enforcement
developments since its 1993
publication. Among other things, this
notice revises statutory references,
effects miscellaneous nomenclature
changes, and updates storage,
safeguards, access, and related issues.
This notice also adds certain routine
uses to facilitate debt collection
enforcement efforts by EOUSA, the
United States Attorneys’ Offices
(‘‘USAOs’’), and other Departmental
components, including their agents and
investigators.
In accordance with 5 U.S.C. 552a(e)(4)
and (11), the public is given a 30-day
period in which to comment; and OMB,
which has oversight responsibility of
the Act, requires a 40-day period in
which to conclude its review of the
system. Therefore, please submit any
comments by September 5, 2006. The
public, OMB, and Congress are invited
to submit comments to: Mary Cahill,
Management and Planning Staff, Justice
Management Division, Department of
Justice, 1331 Pennsylvania Ave., NW.,
Washington, DC 20530 (1400 National
Place Building). In accordance with 5
U.S.C. 552a(r), the Department has
provided a report to OMB and Congress.
FOR FURTHER INFORMATION CONTACT:
Dated: July 18, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for
Administration.
JUSTICE/USA–015
SYSTEM NAME:
Debt Collection Enforcement System,
JUSTICE/USA–015.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
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SYSTEM LOCATION:
The Executive Office for United States
Attorneys (‘‘EOUSA’’) in Washington,
DC, the Network Operations Center
(‘‘NOC’’) in Columbia, SC, and
individual United States Attorneys’
Offices (‘‘USAOs’’) and their agents in
each of the 94 Federal judicial districts
nationwide, depending upon where
debt collection proceedings are pending.
(Individual office addresses can be
located on the Internet at https://
www.usdoj.gov/usao.)
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals indebted to the United
States who have either: (1) Allowed
their debts to become delinquent and
whose delinquent debts have been
assigned to a USAO, or to private
counsel retained by DOJ pursuant to
contract (‘‘contract private counsel’’), for
settlement or enforced collection
through litigation; and/or (2) incurred
debts assessed by a Federal court, e.g.,
fines or penalties in connection with
civil or criminal proceedings.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains
records relating to the negotiation,
compromise, settlement, and litigation
of debts owed the United States.
Records consist of debt collection case
files, as well as automated and/or hardcopy supporting data, as summarized
below.
Case files include: evidence of
indebtedness, judgment, or discharge;
court filings such as legal briefs,
pleadings, judgments, orders, and
settlement agreements; litigation reports
and related attorney work product; and
agency status reports, memoranda,
correspondence, and other
documentation developed during the
negotiation, compromise, settlement
and/or litigation of debt collection
activities.
Automated and/or hard-copy
supporting data include information
extracted from the case file and
information generated or developed in
support of Federal debt collection
activities. Such information may
include: Personal data (e.g., name, social
security number, date of birth, taxpayer
identification number, locator
information, etc.); claim details (e.g.,
value and type of claim, such as benefit
overpayment, loan default, bankruptcy,
etc.); demand information, settlement
negotiations, and compromise offered;
account information (e.g., debtor’s
payments, including principal,
penalties, interests, and balances, etc.);
information regarding debtor’s
employment, ability to pay, property
liens, etc.; data regarding debtor’s loans
or benefits from client agencies or other
entities; information on the status and
disposition of cases at various times;
and any other information related to the
negotiation, compromise, settlement, or
litigation of debts owed the United
States, or to the administrative
management of debt collection efforts.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system is established and
maintained pursuant to the Debt
Collection Act of 1982, Public Law 97–
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42119
365, 96 Stat. 1749 (1982), as amended
by the Debt Collection Improvement Act
of 1996, Public Law 104–134, 110 Stat.
132 (1996) (codified at 31 U.S.C. 3701,
et seq.); the Federal Debt Collection
Procedure Act of 1990, Public Law 101–
647, 104 Stat. 4933 (1990) (codified at
28 U.S.C. 3001, et seq.); the Cash
Management Improvement Act of 1992,
as amended by Public Law 102–589, 106
Stat. 5135 (1994); and related authority.
PURPOSES:
This system of records is maintained
by EOUSA to cover records used by the
USAOs, and/or contract private counsel,
to perform legal services associated with
the collection of debts due the United
States—including related negotiation,
settlement, litigation, and enforcement
efforts—in accordance with the Debt
Collection Act and related authority.
More specifically, 31 U.S.C. 3711
authorizes the Attorney General to
conduct litigation to collect delinquent
debts due the United States. In addition,
31 U.S.C. 3718(b) authorizes the
Attorney General to contract with
private counsel to assist DOJ in
collecting debts due the United States.
The Attorney General is further
authorized by 28 U.S.C. 3101 and 3201,
et seq. (Chapter 176, ‘‘Federal Debt
Collection Procedure’’) to obtain both
pre-judgment and post-judgment
remedies against delinquent debtors.
Moreover, under 28 U.S.C. 3201(a) and
(e), a judgment against such a debtor
creates a lien on all real property of the
debtor, and renders that debtor
ineligible for any grant or loan insured,
financed, guaranteed, or made by the
Federal Government.
Note: A separate but ancillary system of
records—entitled ‘‘Debt Collection
Management System, Justice/JMD–006’’—is
maintained by the Justice Management
Division (‘‘JMD’’). System JMD–006 furnishes
automated litigation and/or administrative
support to USAOs and to contract private
counsel to assist in Federal debt collection
activities. In addition, the JMD–006 system
maintains an inventory of debtor files in all
94 judicial districts, consisting of all debtors
referred to DOJ for settlement and/or
enforced collection through litigation. The
inventory enables DOJ to provide statistical
data to Congress and OMB on debt collection
in accordance with 31 U.S.C. 3718(c).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. Disclosures to Former Employees
Information may be disclosed 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
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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.
2. Disclosures to Contractors and Other
Personnel
Information may be disclosed 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, including but
not limited to persons assigned to the
Department’s Nationwide Central Intake
Facility (‘‘NCIF’’) and/or contract
private counsel and their agents.
3. Disclosures Related to Offsets and
Remedies
Information may be disclosed to the
Internal Revenue Service (‘‘IRS’’),
Department of Defense (‘‘DOD’’), United
States Postal Service (‘‘USPS’’), and/or
Department of Housing and Urban
Development (‘‘HUD’’) in accordance
with computer matching or data sharing
programs to locate debtors eligible for
Federal tax refunds, salaries, pensions,
annuities, benefits, or other Federal
payments against which offsets or other
remedies would be appropriate. The
debts and associated records of
individuals so identified may be
referred to the appropriate Federal
agency for collection by administrative,
salary, or other procedures to offset
Federal payments.
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4. Disclosures to Treasury Department
Information may be disclosed to the
Department of the Treasury, including
the IRS, pursuant to the Debt Collection
Improvement Act and related authority
for any purpose related to debt
collection, including locating debtors
for debt collection efforts and/or
effecting offsets against monies payable
to such debtors by the Federal
Government.
5. Disclosures to Client Agencies
Information from this system may be
disclosed to client agencies who have
referred outstanding debts to DOJ for
debt collection efforts, including
settlement or litigation, to notify such
agencies of case developments, the
status of accounts receivable or payable,
case-related decisions or
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determinations, or to make such other
inquiries and reports related to debt
collection efforts.
6. Disclosures to Disbursing/Offset
Agencies
Information from this system may be
disclosed to any Federal agency that
employs and/or pays pension, annuity
and/or other benefits to an individual
who has been identified as a delinquent
debtor for purposes of offsetting the
individual’s salary and/or pension,
annuity or other benefit payment
received from that agency, when DOJ is
responsible for the enforced collection
of a judgment or claim on behalf of the
United States against that person.
7. Disclosures for Debt Verification and
Collection Purposes
Information from this system may be
disclosed to any Federal, State, local, or
tribal agency, or to an individual or
organization, if there is reason to believe
that they possess information relating to
the verification or collection of debts
owed the Federal Government, and if
the disclosure seeks to elicit information
from such entities regarding: (a) The
status of such debts, including
settlement, litigation, or other collection
efforts; (b) the identification or location
of such debtors; or (c) the cooperation
of witnesses, informants, or others
possessing collection-related
information.
8. Disclosures of Non-Tax Debts
In accordance with regulations issued
by the Secretary of the Treasury to
implement the Debt Collection
Improvement Act of 1996, information
from this system may be disclosed to
publish or otherwise publicly
disseminate the identity of debtors and/
or the existence of non-tax debts, 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
or designee.
9. Disclosures for Audit, Oversight, and
Training
Information from this system may be
disclosed to any individual or
organization requiring such information
for the purpose of performing audit,
oversight, and training operations of
DOJ and to meet related reporting
requirements.
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10. Disclosures to Law Enforcement and
Regulatory Agencies
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
authority or other appropriate agency
charged with the responsibility of
investigating or prosecuting such a
violation or enforcing or implementing
such law.
11. Disclosures in Proceedings
Information from this system may be
disclosed in an appropriate proceeding
before a court, or administrative or
adjudicative body, when DOJ
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
12. Disclosures in Settlement/Plea
Negotiations
Information from this system may be
disclosed to an actual or potential party
to litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
13. Disclosures Related to Federal
Employment, Clearance, Contracts, and
Grants
Information from this system may be
disclosed 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.
14. Disclosures Related to State or Local
Employment
Information from this system may be
disclosed to designated officers and
employees of state, local (including the
District of Columbia), or tribal law
enforcement or detention agencies in
connection with the hiring or continued
employment of an employee or
contractor, where the employee or
contractor would occupy or occupies a
position of public trust as a law
enforcement officer or detention officer
having direct contact with the public or
with prisoners or detainees, to the
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extent that the information is relevant
and necessary to the recipient agency’s
decision.
15. Disclosures Related to Licenses and
Permits
Information from this system may be
disclosed to Federal, State, local, tribal,
foreign, or international licensing
agencies or entities which require
information concerning the suitability
or eligibility of an individual for a
license or permit.
16. Disclosures to NARA
Information from this system may be
disclosed to the National Archives and
Records Administration (‘‘NARA’’) for
purposes of records management
inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
17. Disclosures to News Media and
Public
Information from this system may be
disclosed 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.
18. Disclosures to Members of Congress
Information from this system may be
disclosed 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.
19. Disclosures Related to Health Care
Fraud
Information from this system relating
to health care fraud may be disclosed to
private health plans, or associations of
private health plans, and health
insurers, or associations of health
insurers, for the following purposes: To
promote the coordination of efforts to
prevent, detect, investigate, and
prosecute health care fraud; to assist
efforts by victims of health care fraud to
obtain restitution; to enable private
health plans to participate in local,
regional, and national health care fraud
task force activities; and to assist
tribunals having jurisdiction over claims
against private health plans.
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20. Disclosures to Complainants and
Victims
Information from this system may, in
the agency’s discretion, be disclosed to
persons determined to be complainants
and/or victims, to the extent deemed
necessary to provide such persons with
information concerning the progress
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and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Information from this system of
records may be disclosed to a credit or
consumer reporting agency, as such
terms are used in the Fair Credit
Reporting Act (15 U.S.C. 1681, et seq.)
and the Debt Collection Act (31 U.S.C.
3701, et seq.), when such information is
necessary or relevant to Federal debt
collection efforts, including, but not
limited to, obtaining a credit report on
a debtor, payor, or other party-ininterest; reporting on debts due the
Government; and/or pursuing the
collection of such debts through
settlement, negotiation, or litigation.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Certain records in this system are
maintained in automated computer
information systems and stored in
electronic format for use or
reproduction in report form at various
times. Other records in this system are
maintained in paper format located in
file cabinets, safes, and similar storage
containers.
RETRIEVABILITY:
Data in this system of records may be
retrieved by debtor names or personal
identifiers, case numbers, computerized
queries, and other keyword searches.
SAFEGUARDS:
Records contained in this system are
unclassified. They are safeguarded and
protected in accordance with DOJ rules
and procedures governing the handling
of office records and computerized
information. Access to this system is
restricted to those DOJ employees and
contractors, including contract private
counsel, who need access to perform
official debt collection activities,
including related administrative and
support functions. During duty hours,
access to this system is monitored and
controlled by DOJ employees and
contractors. During nonduty hours,
records are maintained in locked
facilities. Access to automated data
requires the use of the proper password
and user identification code. Access by
contract private counsel is restricted to
those cases assigned to them for debt
collection efforts.
RETENTION AND DISPOSAL:
Records from this system are retained
and disposed of in accordance with Part
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42121
3–13.310 of the United States Attorneys’
Manual (‘‘Comprehensive Retention
Schedule’’) published at https://
www.usdoj.gov/usao/eousa/
foia_reading_room/usam/title3/
13musa.htm, and related authority.
SYSTEM MANAGER(S) AND ADDRESS:
The system managers for this system
of records are located at the Executive
Office for United States Attorneys in
Washington, DC, the Network
Operations Center in Columbia, SC, and
individual United States Attorneys’
Offices in the 94 Federal judicial
districts nationwide, depending upon
where debt collection proceedings are
pending. (Individual office addresses
can be located on the Internet at
https://www.usdoj.gov/usao.)
NOTIFICATION PROCEDURE:
Address inquiries to the System
Manager (see above) in the judicial
district where debt collection efforts
were initiated. For further information,
see 28 CFR 16.40, et seq.
RECORD ACCESS PROCEDURE:
Requests for access must be in writing
and should be addressed to the System
Manager (see above) in the judicial
district where debt collection efforts
were initiated. The envelope and letter
should be clearly marked ‘‘Privacy Act
Request’’ and comply with 28 CFR 16.41
(‘‘Requests for Access to Records’’), et
seq. Access requests must contain the
requester’s full name, current address,
date and place of birth, and should
include a clear description of the
records sought and any other
information that would help to locate
the record (e.g., name of the case and
Federal agency to whom the debtor is
indebted). Access requests must be
signed and dated and either notarized or
submitted under penalty of perjury
pursuant to 28 U.S.C. 1746.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or
amend information maintained in the
system should clearly and concisely
state what information is being
contested, the reasons for contesting it,
and the proposed amendment to the
information. Address such inquiries to
the System Manager (see above) in the
judicial district where debt collection
efforts were initiated. The envelope and
letter should be clearly marked ‘‘Privacy
Act Request’’ and comply with 28 CFR
16.46 (‘‘Request for Amendment or
Correction of Records’’), et seq.
RECORD SOURCE CATEGORIES:
Sources of information contained in
this system primarily consist of the
individuals covered by the system; DOJ
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and/or agencies to whom the individual
is indebted, seeks benefits, or has
furnished information; attorneys or
other representatives of debtor and/or
payors; and Federal, State, local, tribal,
foreign, or private organizations or
individuals who may have information
regarding the debt, the debtor’s ability to
pay, or any other information relevant
or necessary to assist in debt collection
efforts.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E6–11803 Filed 7–24–06; 8:45 am]
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DEPARTMENT OF LABOR
Indiana. The application did not contain
new information supporting a
conclusion that the determination was
erroneous, and also did not provide a
justification for reconsideration of the
determination that was based on either
mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal
of the application was issued.
TA–W–59,473; Briggs Plumbing
Products, Inc., Flora, Indiana (July
12, 2006)
Signed at Washington, DC this 12th day of
July 2006.
Richard Church,
Acting Director, Division of Trade Adjustment
Assistance.
[FR Doc. E6–11858 Filed 7–24–06; 8:45 am]
Employment and Training
Administration
BILLING CODE 4510–30–P
[TA–W–59,453]
DEPARTMENT OF LABOR
A.W. Bohanan Co., Inc.; Dalls, NC;
Notice of Termination of Investigation
Employment and Training
Administration
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on May 24,
2006 in response to a worker petition
filed on behalf of workers at A.W.
Bohanan Company, Inc., Dallas, North
Carolina.
The petitioning group of workers is
covered by an earlier petition (TA–W–
59,428) filed on May 17, 2006 that is the
subject of an ongoing investigation for
which a determination has not yet been
issued. Further investigation in this case
would duplicate efforts and serve no
purpose; therefore the investigation
under this petition has been terminated.
Signed at Washington, DC this 23rd day of
June 2006.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–11857 Filed 7–24–06; 8:45 am]
Coe Manufacturing; Tigard, OR;
Dismissal of Application for
Reconsideration
Pursuant to 29 CFR 90.18(C) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
Coe Manufacturing, Tigard, Oregon. The
application did not contain new
information supporting a conclusion
that the determination was erroneous,
and also did not provide a justification
for reconsideration of the determination
that was based on either mistaken facts
or a misinterpretation of facts or of the
law. Therefore, dismissal of the
application was issued.
TA–W–59,067; Coe Manufacturing
Tigard, Oregon (July 12, 2006).
BILLING CODE 4510–30–P
Signed at Washington, DC this 12th day of
July 2006.
Richard Church,
Acting Director, Division of Trade Adjustment
Assistance.
[FR Doc. E6–11853 Filed 7–24–06; 8:45 am]
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–59,473]
Briggs Plumbing Products, Inc.; Flora,
IN; Dismissal of Application for
Reconsideration
sroberts on PROD1PC70 with NOTICES
[TA–W–59,067]
18:02 Jul 24, 2006
Jkt 208001
Employment and Training
Administration
[TA–W–59,197]
Collins and Aikman Products
Company; Farmville, NC; Notice of
Affirmative Determination Regarding
Application for Reconsideration
By application June 12, 2006, a
company official requested
administrative reconsideration of the
Department of Labor’s Notice of
Negative Determination Regarding
Eligibility to Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance,
applicable to workers of the subject
firm. The Department’s negative
determination was issued on May 11,
2006. On June 9, 2006, the Department’s
Notice of determination was published
in the Federal Register (71 FR 33488).
In the request for reconsideration, the
company official alleges that the
Department investigated only one of the
two articles produced at the subject
facility (automotive interior fabrics and
specialty products).
The Department has carefully
reviewed the request for reconsideration
and has determined that the Department
will conduct further investigation based
on new information provided by the
company official.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the Department of
Labor’s prior decision. The application
is, therefore, granted.
Signed at Washington, DC, this 27th day of
June 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–11854 Filed 7–24–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–59,600]
BILLING CODE 4510–30–P
Cooper Hand Tools Nicholson File;
Cullman, AL; Notice of Termination of
Investigation
Pursuant to 29 CFR 90.18(C) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
Briggs Plumbing Products, Inc., Flora,
VerDate Aug<31>2005
DEPARTMENT OF LABOR
PO 00000
Pursuant to section 221 of the Trade
Act of 1974, an investigation was
initiated on June 21, 2006 in response
to a petition filed by a company official
on behalf of workers at Cooper Hand
Frm 00048
Fmt 4703
Sfmt 4703
E:\FR\FM\25JYN1.SGM
25JYN1
]]>Agencies
[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42118-42122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11803]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[AAG/A Order No. 011-2006]
Privacy Act of 1974; System of Records
AGENCY: Executive Office for United States Attorneys, Department of
Justice.
ACTION: Notice of modifications to system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and
Circular A-130 of the Office of Management and Budget (``OMB''), the
Executive Office for United States Attorneys (``EOUSA''), Department of
Justice (``DOJ''), proposes to update its system of records entitled
JUSTICE/USA-015--``Debt Collection Enforcement System,'' last
substantively revised on November 12, 1993 (58 FR 60055)--to reflect
subsequent legal and administrative developments.
DATES: These actions will be effective September 5, 2006.
[[Page 42119]]
FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice, and for general information on EOUSA's Privacy Act systems,
contact Anthony J. Ciccone, Senior Attorney Advisor, Freedom of
Information and Privacy Staff, Executive Office for United States
Attorneys, at (202) 616-6757.
SUPPLEMENTARY INFORMATION: This notice updates JUSTICE/USA-015 to
reflect debt collection enforcement developments since its 1993
publication. Among other things, this notice revises statutory
references, effects miscellaneous nomenclature changes, and updates
storage, safeguards, access, and related issues. This notice also adds
certain routine uses to facilitate debt collection enforcement efforts
by EOUSA, the United States Attorneys' Offices (``USAOs''), and other
Departmental components, including their agents and investigators.
In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment; and OMB, which has oversight
responsibility of the Act, requires a 40-day period in which to
conclude its review of the system. Therefore, please submit any
comments by September 5, 2006. The public, OMB, and Congress are
invited to submit comments to: Mary Cahill, Management and Planning
Staff, Justice Management Division, Department of Justice, 1331
Pennsylvania Ave., NW., Washington, DC 20530 (1400 National Place
Building). In accordance with 5 U.S.C. 552a(r), the Department has
provided a report to OMB and Congress.
Dated: July 18, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for Administration.
JUSTICE/USA-015
System Name:
Debt Collection Enforcement System, JUSTICE/USA-015.
Security Classification:
Sensitive but unclassified.
System Location:
The Executive Office for United States Attorneys (``EOUSA'') in
Washington, DC, the Network Operations Center (``NOC'') in Columbia,
SC, and individual United States Attorneys' Offices (``USAOs'') and
their agents in each of the 94 Federal judicial districts nationwide,
depending upon where debt collection proceedings are pending.
(Individual office addresses can be located on the Internet at https://
www.usdoj.gov/usao.)
Categories of Individuals Covered By the System:
Individuals indebted to the United States who have either: (1)
Allowed their debts to become delinquent and whose delinquent debts
have been assigned to a USAO, or to private counsel retained by DOJ
pursuant to contract (``contract private counsel''), for settlement or
enforced collection through litigation; and/or (2) incurred debts
assessed by a Federal court, e.g., fines or penalties in connection
with civil or criminal proceedings.
Categories of Records in the System:
This system of records contains records relating to the
negotiation, compromise, settlement, and litigation of debts owed the
United States. Records consist of debt collection case files, as well
as automated and/or hard-copy supporting data, as summarized below.
Case files include: evidence of indebtedness, judgment, or
discharge; court filings such as legal briefs, pleadings, judgments,
orders, and settlement agreements; litigation reports and related
attorney work product; and agency status reports, memoranda,
correspondence, and other documentation developed during the
negotiation, compromise, settlement and/or litigation of debt
collection activities.
Automated and/or hard-copy supporting data include information
extracted from the case file and information generated or developed in
support of Federal debt collection activities. Such information may
include: Personal data (e.g., name, social security number, date of
birth, taxpayer identification number, locator information, etc.);
claim details (e.g., value and type of claim, such as benefit
overpayment, loan default, bankruptcy, etc.); demand information,
settlement negotiations, and compromise offered; account information
(e.g., debtor's payments, including principal, penalties, interests,
and balances, etc.); information regarding debtor's employment, ability
to pay, property liens, etc.; data regarding debtor's loans or benefits
from client agencies or other entities; information on the status and
disposition of cases at various times; and any other information
related to the negotiation, compromise, settlement, or litigation of
debts owed the United States, or to the administrative management of
debt collection efforts.
Authority For Maintenance of the System:
This system is established and maintained pursuant to the Debt
Collection Act of 1982, Public Law 97-365, 96 Stat. 1749 (1982), as
amended by the Debt Collection Improvement Act of 1996, Public Law 104-
134, 110 Stat. 132 (1996) (codified at 31 U.S.C. 3701, et seq.); the
Federal Debt Collection Procedure Act of 1990, Public Law 101-647, 104
Stat. 4933 (1990) (codified at 28 U.S.C. 3001, et seq.); the Cash
Management Improvement Act of 1992, as amended by Public Law 102-589,
106 Stat. 5135 (1994); and related authority.
Purposes:
This system of records is maintained by EOUSA to cover records used
by the USAOs, and/or contract private counsel, to perform legal
services associated with the collection of debts due the United
States--including related negotiation, settlement, litigation, and
enforcement efforts--in accordance with the Debt Collection Act and
related authority. More specifically, 31 U.S.C. 3711 authorizes the
Attorney General to conduct litigation to collect delinquent debts due
the United States. In addition, 31 U.S.C. 3718(b) authorizes the
Attorney General to contract with private counsel to assist DOJ in
collecting debts due the United States. The Attorney General is further
authorized by 28 U.S.C. 3101 and 3201, et seq. (Chapter 176, ``Federal
Debt Collection Procedure'') to obtain both pre-judgment and post-
judgment remedies against delinquent debtors. Moreover, under 28 U.S.C.
3201(a) and (e), a judgment against such a debtor creates a lien on all
real property of the debtor, and renders that debtor ineligible for any
grant or loan insured, financed, guaranteed, or made by the Federal
Government.
Note: A separate but ancillary system of records--entitled
``Debt Collection Management System, Justice/JMD-006''--is
maintained by the Justice Management Division (``JMD''). System JMD-
006 furnishes automated litigation and/or administrative support to
USAOs and to contract private counsel to assist in Federal debt
collection activities. In addition, the JMD-006 system maintains an
inventory of debtor files in all 94 judicial districts, consisting
of all debtors referred to DOJ for settlement and/or enforced
collection through litigation. The inventory enables DOJ to provide
statistical data to Congress and OMB on debt collection in
accordance with 31 U.S.C. 3718(c).
Routine Uses Of Records Maintained In The System, Including Categories
Of Users And The Purposes Of Such Uses:
1. Disclosures to Former Employees
Information may be disclosed 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
[[Page 42120]]
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.
2. Disclosures to Contractors and Other Personnel
Information may be disclosed 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, including but not limited to persons
assigned to the Department's Nationwide Central Intake Facility
(``NCIF'') and/or contract private counsel and their agents.
3. Disclosures Related to Offsets and Remedies
Information may be disclosed to the Internal Revenue Service
(``IRS''), Department of Defense (``DOD''), United States Postal
Service (``USPS''), and/or Department of Housing and Urban Development
(``HUD'') in accordance with computer matching or data sharing programs
to locate debtors eligible for Federal tax refunds, salaries, pensions,
annuities, benefits, or other Federal payments against which offsets or
other remedies would be appropriate. The debts and associated records
of individuals so identified may be referred to the appropriate Federal
agency for collection by administrative, salary, or other procedures to
offset Federal payments.
4. Disclosures to Treasury Department
Information may be disclosed to the Department of the Treasury,
including the IRS, pursuant to the Debt Collection Improvement Act and
related authority for any purpose related to debt collection, including
locating debtors for debt collection efforts and/or effecting offsets
against monies payable to such debtors by the Federal Government.
5. Disclosures to Client Agencies
Information from this system may be disclosed to client agencies
who have referred outstanding debts to DOJ for debt collection efforts,
including settlement or litigation, to notify such agencies of case
developments, the status of accounts receivable or payable, case-
related decisions or determinations, or to make such other inquiries
and reports related to debt collection efforts.
6. Disclosures to Disbursing/Offset Agencies
Information from this system may be disclosed to any Federal agency
that employs and/or pays pension, annuity and/or other benefits to an
individual who has been identified as a delinquent debtor for purposes
of offsetting the individual's salary and/or pension, annuity or other
benefit payment received from that agency, when DOJ is responsible for
the enforced collection of a judgment or claim on behalf of the United
States against that person.
7. Disclosures for Debt Verification and Collection Purposes
Information from this system may be disclosed to any Federal,
State, local, or tribal agency, or to an individual or organization, if
there is reason to believe that they possess information relating to
the verification or collection of debts owed the Federal Government,
and if the disclosure seeks to elicit information from such entities
regarding: (a) The status of such debts, including settlement,
litigation, or other collection efforts; (b) the identification or
location of such debtors; or (c) the cooperation of witnesses,
informants, or others possessing collection-related information.
8. Disclosures of Non-Tax Debts
In accordance with regulations issued by the Secretary of the
Treasury to implement the Debt Collection Improvement Act of 1996,
information from this system may be disclosed to publish or otherwise
publicly disseminate the identity of debtors and/or the existence of
non-tax debts, 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 or
designee.
9. Disclosures for Audit, Oversight, and Training
Information from this system may be disclosed to any individual or
organization requiring such information for the purpose of performing
audit, oversight, and training operations of DOJ and to meet related
reporting requirements.
10. Disclosures to Law Enforcement and Regulatory Agencies
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 authority or other appropriate agency charged with the
responsibility of investigating or prosecuting such a violation or
enforcing or implementing such law.
11. Disclosures in Proceedings
Information from this system may be disclosed in an appropriate
proceeding before a court, or administrative or adjudicative body, when
DOJ determines that the records are arguably relevant to the
proceeding; or in an appropriate proceeding before an administrative or
adjudicative body when the adjudicator determines the records to be
relevant to the proceeding.
12. Disclosures in Settlement/Plea Negotiations
Information from this system may be disclosed to an actual or
potential party to litigation or the party's authorized representative
for the purpose of negotiation or discussion of such matters as
settlement, plea bargaining, or in informal discovery proceedings.
13. Disclosures Related to Federal Employment, Clearance, Contracts,
and Grants
Information from this system may be disclosed 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.
14. Disclosures Related to State or Local Employment
Information from this system may be disclosed to designated
officers and employees of state, local (including the District of
Columbia), or tribal law enforcement or detention agencies in
connection with the hiring or continued employment of an employee or
contractor, where the employee or contractor would occupy or occupies a
position of public trust as a law enforcement officer or detention
officer having direct contact with the public or with prisoners or
detainees, to the
[[Page 42121]]
extent that the information is relevant and necessary to the recipient
agency's decision.
15. Disclosures Related to Licenses and Permits
Information from this system may be disclosed to Federal, State,
local, tribal, foreign, or international licensing agencies or entities
which require information concerning the suitability or eligibility of
an individual for a license or permit.
16. Disclosures to NARA
Information from this system may be disclosed to the National
Archives and Records Administration (``NARA'') for purposes of records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906.
17. Disclosures to News Media and Public
Information from this system may be disclosed 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.
18. Disclosures to Members of Congress
Information from this system may be disclosed 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.
19. Disclosures Related to Health Care Fraud
Information from this system relating to health care fraud may be
disclosed to private health plans, or associations of private health
plans, and health insurers, or associations of health insurers, for the
following purposes: To promote the coordination of efforts to prevent,
detect, investigate, and prosecute health care fraud; to assist efforts
by victims of health care fraud to obtain restitution; to enable
private health plans to participate in local, regional, and national
health care fraud task force activities; and to assist tribunals having
jurisdiction over claims against private health plans.
20. Disclosures to Complainants and Victims
Information from this system may, in the agency's discretion, be
disclosed to persons determined to be complainants and/or victims, to
the extent deemed necessary to provide such persons with information
concerning the progress and/or results of the investigation or case
arising from the matters of which they complained and/or of which they
were a victim.
Disclosure To Consumer Reporting Agencies:
Information from this system of records may be disclosed to a
credit or consumer reporting agency, as such terms are used in the Fair
Credit Reporting Act (15 U.S.C. 1681, et seq.) and the Debt Collection
Act (31 U.S.C. 3701, et seq.), when such information is necessary or
relevant to Federal debt collection efforts, including, but not limited
to, obtaining a credit report on a debtor, payor, or other party-in-
interest; reporting on debts due the Government; and/or pursuing the
collection of such debts through settlement, negotiation, or
litigation.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Certain records in this system are maintained in automated computer
information systems and stored in electronic format for use or
reproduction in report form at various times. Other records in this
system are maintained in paper format located in file cabinets, safes,
and similar storage containers.
Retrievability:
Data in this system of records may be retrieved by debtor names or
personal identifiers, case numbers, computerized queries, and other
keyword searches.
Safeguards:
Records contained in this system are unclassified. They are
safeguarded and protected in accordance with DOJ rules and procedures
governing the handling of office records and computerized information.
Access to this system is restricted to those DOJ employees and
contractors, including contract private counsel, who need access to
perform official debt collection activities, including related
administrative and support functions. During duty hours, access to this
system is monitored and controlled by DOJ employees and contractors.
During nonduty hours, records are maintained in locked facilities.
Access to automated data requires the use of the proper password and
user identification code. Access by contract private counsel is
restricted to those cases assigned to them for debt collection efforts.
Retention and Disposal:
Records from this system are retained and disposed of in accordance
with Part 3-13.310 of the United States Attorneys' Manual
(``Comprehensive Retention Schedule'') published at https://
www.usdoj.gov/usao/eousa/foia_reading_room/usam/title3/13musa.htm,
and related authority.
System Manager(S) and Address:
The system managers for this system of records are located at the
Executive Office for United States Attorneys in Washington, DC, the
Network Operations Center in Columbia, SC, and individual United States
Attorneys' Offices in the 94 Federal judicial districts nationwide,
depending upon where debt collection proceedings are pending.
(Individual office addresses can be located on the Internet at https://
www.usdoj.gov/usao.)
Notification Procedure:
Address inquiries to the System Manager (see above) in the judicial
district where debt collection efforts were initiated. For further
information, see 28 CFR 16.40, et seq.
Record Access Procedure:
Requests for access must be in writing and should be addressed to
the System Manager (see above) in the judicial district where debt
collection efforts were initiated. The envelope and letter should be
clearly marked ``Privacy Act Request'' and comply with 28 CFR 16.41
(``Requests for Access to Records''), et seq. Access requests must
contain the requester's full name, current address, date and place of
birth, and should include a clear description of the records sought and
any other information that would help to locate the record (e.g., name
of the case and Federal agency to whom the debtor is indebted). Access
requests must be signed and dated and either notarized or submitted
under penalty of perjury pursuant to 28 U.S.C. 1746.
Contesting Record Procedures:
Individuals desiring to contest or amend information maintained in
the system should clearly and concisely state what information is being
contested, the reasons for contesting it, and the proposed amendment to
the information. Address such inquiries to the System Manager (see
above) in the judicial district where debt collection efforts were
initiated. The envelope and letter should be clearly marked ``Privacy
Act Request'' and comply with 28 CFR 16.46 (``Request for Amendment or
Correction of Records''), et seq.
Record Source Categories:
Sources of information contained in this system primarily consist
of the individuals covered by the system; DOJ
[[Page 42122]]
and/or agencies to whom the individual is indebted, seeks benefits, or
has furnished information; attorneys or other representatives of debtor
and/or payors; and Federal, State, local, tribal, foreign, or private
organizations or individuals who may have information regarding the
debt, the debtor's ability to pay, or any other information relevant or
necessary to assist in debt collection efforts.
Exemptions Claimed for the System:
None.
[FR Doc. E6-11803 Filed 7-24-06; 8:45 am]
BILLING CODE 4410-07-P
