Financial Management Service; Privacy Act of 1974: Systems of Records, 26924-26926 [E9-13073]

Agencies

• Fiscal Service
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26924-26926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13073]


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DEPARTMENT OF THE TREASURY

Fiscal Service


Financial Management Service; Privacy Act of 1974: Systems of 
Records

AGENCY: Financial Management Service, Fiscal Service, Treasury.

ACTION: Notice of systems of records; corrections.

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SUMMARY: The Department of the Treasury is publishing a correction to 
the Privacy Act systems of records inventory maintained by the 
Financial Management Service (FMS) as published on May 15, 2009.

DATES: Effective Date: June 4, 2009.

FOR FURTHER INFORMATION CONTACT: Thomas M. Dungan, Senior Policy 
Analyst, Financial Management Service at 202-874-7349.

SUPPLEMENTARY INFORMATION: On May 12, 2009, the Department of the 
Treasury published FMS' Privacy Act systems of records notices making 
any minor changes to those notices as appropriate. The notices appeared 
in the Federal Register on pages 23006-23021. The system of records 
entitled ``FMS.014--Debt Collection Operations System--Treasury/
Financial Management Services'' beginning on page 23016 in the second 
column and ending on page 23018 is incorrect as published. The 
publication inadvertently failed to include the amendments made to 
FMS.014--Debt Collection Operations System as published on March 2, 
2007 at 72 FR 9612.
    The corrected notice entitled ``FMS.014--Debt Collection Operations 
System--Treasury/Financial Management Services'' is reprinted in its 
entirety below.

    Dated: May 29, 2009.
Elizabeth Cuffe,
Deputy Assistant Secretary for Privacy and Treasury Records.
TREASURY/FMS.014

SYSTEM NAME:
    Debt Collection Operations System--Treasury/Financial Management 
Service.

SYSTEM LOCATION:
    Records are located in the offices of and with the Debt Management 
Services staff of the Financial Management Service, U.S. Department of 
the Treasury at the following locations: Liberty Center Building 
(Headquarters), 401 14th Street, SW., Washington, DC 20227; Prince 
George's Plaza, 3700 East-West Highway, Hyattsville, MD, 20782; and the 
Birmingham Debt Management Operations Center, 190 Vulcan Road, 
Homewood, Alabama, 35209.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who owe debts to: (a) The United States, through one or 
more of its departments and agencies; and/or (b) States, territories 
and commonwealths of the United States, and the District of Columbia 
(hereinafter collectively referred to as ``States'').

CATEGORIES OF RECORDS IN THE SYSTEM:
    Debt records containing information about the debtor(s), the type 
of debt, the governmental entity to which the debt is owed, and the 
debt collection tools utilized to collect the debt. The records may 
contain identifying information, such as name(s) and taxpayer 
identifying number (i.e., Social Security number or employer 
identification number); debtor contact information, such as work and 
home address, and work and home telephone numbers; information 
concerning the financial status of the debtor and his/her household, 
including income, assets, liabilities or other financial burdens, and 
any other resources from which the debt may be recovered; and name of 
employer and employer address. Debts include unpaid taxes, loans, 
assessments, fines, fees, penalties, overpayments, advances, extensions 
of credit from sales of goods or services, and other amounts of money 
or property owed to, or collected by, the Federal Government or a 
State, including past due support which is being enforced by a State. 
The records also may contain information about: (a) The debt, such as 
the original amount of the debt, the debt account number, the date the 
debt originated, the amount of the delinquency or default, the date of 
delinquency or default, basis for the debt, amounts accrued for 
interest, penalties, and administrative costs, and payments on the 
account; (b) Actions taken to collect or resolve the debt, such as 
copies of demand letters or invoices, documents or information required 
for the referral of accounts to collection agencies or for litigation, 
and collectors' notes regarding telephone or other communications 
related to the collection or resolution of the debt; and (c) The 
referring or governmental agency that is collecting or owed the debt, 
such as name, telephone number, and address of the agency contact.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Claims Collection Act of 1966 (Pub. L. 89-508), as amended 
by the Debt Collection Act of 1982 (Pub. L. 97-365, as amended); 
Deficit Reduction Act of 1984 (Pub. L. 98-369, as amended); Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134, sec. 31001); 
Taxpayer Relief Act of 1997 (Pub. L. 105-34); Internal Revenue Service 
Restructuring and Reform Act of 1998 (Pub. L. 105-206); 26 U.S.C. 6402; 
26 U.S.C. 6331; 31 U.S.C. Chapter 37 (Claims), Subchapter I (General) 
and Subchapter II (Claims of the U.S. Government).

PURPOSE(S):
    The purpose of this system is to maintain records about individuals 
who owe debt(s) to the United States, through one or more of its 
departments and agencies, and/or to States, including past due support 
enforced by States. The information contained in the records is 
maintained for the purpose of taking action to facilitate the 
collection and resolution of the debt(s) using various collection 
methods, including, but not limited to, requesting repayment of the 
debt by telephone or in writing, offset, levy, administrative wage 
garnishment, referral to collection agencies or for litigation, and 
other collection or resolution methods authorized or required by law. 
The information also is maintained for the purpose of providing 
collection information about the debt to the agency collecting the 
debt, to provide statistical information on debt collection operations, 
and for the purpose of testing and developing enhancements to the 
computer systems which contain the records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records may be used to disclose information to:
    (1) Appropriate Federal, State, local or foreign agencies 
responsible for investigating or implementing, a statute, rule, 
regulation, order, or license;
    (2) A court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, in response to a subpoena where relevant or potentially 
relevant to a proceeding, or in connection with criminal law 
proceedings;

[[Page 26925]]

    (3) A congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (4) Any Federal agency, State or local agency, U.S. territory or 
commonwealth, or the District of Columbia, or their agents or 
contractors, including private collection agencies (consumer and 
commercial):
    a. To facilitate the collection of debts through the use of any 
combination of various debt collection methods required or authorized 
by law, including, but not limited to;
    (i) Request for repayment by telephone or in writing;
    (ii) Negotiation of voluntary repayment or compromise agreements;
    (iii) Offset of Federal payments, which may include the disclosure 
of information contained in the records for the purpose of providing 
the debtor with appropriate pre-offset notice and to otherwise comply 
with offset prerequisites, to facilitate voluntary repayment in lieu of 
offset, and to otherwise effectuate the offset process;
    (iv) Referral of debts to private collection agencies, to Treasury-
designated debt collection centers, or for litigation;
    (v) Administrative and court-ordered wage garnishment;
    (vi) Debt sales;
    (vii) Publication of names and identities of delinquent debtors in 
the media or other appropriate places; and
    (viii) Any other debt collection method authorized by law;
    b. To conduct computerized comparisons to locate Federal payments 
to be made to debtors;
    c. To conduct computerized comparisons to locate employers of, or 
obtain taxpayer identifying numbers or other information about, an 
individual for debt collection purposes;
    d. To collect a debt owed to the United States through the offset 
of payments made by States, territories, commonwealths, or the District 
of Columbia;
    e. To account or report on the status of debts for which such 
entity has a financial or other legitimate need for the information in 
the performance of official duties;
    f. For the purpose of denying Federal financial assistance in the 
form of a loan or loan guaranty to an individual who owes delinquent 
debt to the United States or who owes delinquent child support that has 
been referred to FMS for collection by administrative offset;
    g. To develop, enhance and/or test database, matching, 
communications, or other computerized systems which facilitate debt 
collection processes; or
    h. For any other appropriate debt collection purpose.
    (5) The Department of Defense, the U.S. Postal Service, or other 
Federal agency for the purpose of conducting an authorized computer 
matching program in compliance with the Privacy Act of 1974, as 
amended, to identify and locate individuals receiving Federal payments 
including, but not limited to, salaries, wages, and benefits, which may 
include the disclosure of information contained in the records for the 
purpose of requesting voluntary repayment or implementing Federal 
employee salary offset or other offset procedures;
    (6) The Department of Justice or other Federal agency:
    a. when requested in connection with a legal proceeding, or
    b. to obtain concurrence in a decision to compromise, suspend, or 
terminate collection action on a debt;
    (7) Any individual or other entity who receives Federal payments as 
a joint payee with a debtor for the purpose of providing notice of, and 
information about, offsets from such Federal payments; and
    (8) Any individual or entity:
    a. To facilitate the collection of debts through the use of any 
combination of various debt collection methods required or authorized 
by law, including, but not limited to:
    (i) Administrative and court-ordered wage garnishment;
    (ii) Report information to commercial credit bureaus;
    (iii) Conduct asset searches;
    (iv) Publish names and identities of delinquent debtors in the 
media or other appropriate places; or
    (v) Debt sales;
    b. For the purpose of denying Federal financial assistance in the 
form of a loan or loan guaranty to an individual who owes delinquent 
debt to the United States or who owes delinquent child support that has 
been referred to FMS for collection by administrative offset; or
    c. For any other appropriate debt collection purpose. Disclosure to 
consumer reporting agencies including for the provision of routine debt 
collection services by an FMS contractor subject to the same 
limitations applicable to FMS officers and employees under the Privacy 
Act; and
    (9) Appropriate agencies, entities, and persons when (A) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (B) the Department 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 the Department or another agency or entity) that rely 
upon the compromised information; and (C) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Debt information concerning a government claim against a debtor is 
also furnished, in accordance with 5 U.S.C. 552a(b)(12) and 31 U.S.C. 
3711(e), to consumer reporting agencies, as defined by the Fair Credit 
Reporting Act, 5 U.S.C. 1681(f), to encourage repayment of a delinquent 
debt.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Hardcopy/Electronic.

RETRIEVABILITY:
    Records are retrieved by various combinations of name, taxpayer 
identifying number (i.e., social security number or employer 
identification number), or debt account number.

SAFEGUARDS:
    All officials access the system of records on a need-to-know basis 
only, as authorized by the system manager. Procedural and physical 
safeguards are utilized, such as accountability, receipt records, and 
specialized communications security. Access to computerized records is 
limited, through use of access codes, entry logs, and other internal 
mechanisms, to those whose official duties require access. Hard-copy 
records are held in steel cabinets, with access limited by visual 
controls and/or lock systems. During normal working hours, files are 
attended by responsible officials; files are locked up during non-
working hours. The building is patrolled by uniformed security guards.

RETENTION AND DISPOSAL:
    Retention periods vary by record type, up to a maximum of seven 
years after the end of the fiscal year in which a debt is resolved or 
returned to the agency as uncollectible.

SYSTEM MANAGER(S) AND ADDRESS:
    System Manager, Debt Management Services, Financial Management 
Service, 401 14th Street, SW., Washington, DC 20227.

[[Page 26926]]

NOTIFICATION PROCEDURE:
    Inquiries under the Privacy Act of 1974, as amended, shall be 
addressed to the Disclosure Officer, Financial Management Service, 401 
14th Street, SW., Washington, DC 20227. All individuals making 
inquiries should provide with their request as much descriptive matter 
as is possible to identify the particular record desired. The system 
manager will advise as to whether FMS maintains the records requested 
by the individual.

RECORD ACCESS PROCEDURES:
    Individuals requesting information under the Privacy Act of 1974, 
as amended, concerning procedures for gaining access or contesting 
records should write to the Disclosure Officer. All individuals are 
urged to examine the rules of the U.S. Department of the Treasury 
published in 31 CFR part 1, subpart C, and appendix G, concerning 
requirements of this Department with respect to the Privacy Act of 
1974, as amended.

CONTESTING RECORD PROCEDURES:
    See ``Record access procedures'' above.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by the individual on whom 
the record is maintained; Federal and State agencies to which the debt 
is owed; Federal agencies and other entities that employ the individual 
or have information concerning the individual's employment or financial 
resources; Federal and State agencies issuing payments; collection 
agencies, locator and asset search companies; credit bureaus; Federal, 
State or local agencies furnishing identifying information and/or 
address of debtor information; or from public documents.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E9-13073 Filed 6-3-09; 8:45 am]
BILLING CODE 4810-35-P