Privacy Act of 1974; System of Records, 9965-9968 [2012-3913]

Agencies

• Department of Justice

[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Pages 9965-9968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3913]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[CPCLO Order No. 002-2012]


Privacy Act of 1974; System of Records

AGENCY: Department of Justice.

ACTION: Notice of a new system of records and removal of three systems 
of records notices.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and the 
Office of Management and Budget (OMB) Circular A-130, notice is hereby 
given that the Department of Justice (DOJ or Department) proposes to 
establish a new Department-wide system of records notice, entitled Debt 
Collection Enforcement System, JUSTICE/DOJ-016. The purpose of 
publishing this Department-wide system notice is to reflect the 
Department's consolidation of its multiple debt collection systems, 
which were previously maintained in various individual DOJ components, 
into a single, centralized system. The new system will be used by all 
DOJ components that currently have debt collection and enforcement 
responsibilities. The Department's consolidation of its debt collection 
systems enables the Department to improve data integrity, facilitate 
communication among DOJ components, support Department-wide debt 
collection initiatives, provide for better accountability and timely 
reporting, and centralize administrative functions and payment 
processing.
    Because this system notice reflects the consolidation of existing 
DOJ debt collection and enforcement systems, this notice replaces, and 
the Department hereby removes the following system notices previously 
published by individual DOJ components:
    1. Executive Office for United States Attorneys, ``Debt Collection 
Enforcement System,'' JUSTICE/USA-015 (71 FR 42118, Jul. 25, 2006);
    2. Justice Management Division (JMD), ``Debt Collection Management 
System,''
    JUSTICE/JMD-006 (58 FR 60058, Nov. 12, 1993); and
    3. JMD, ``Debt Collection Offset Payment System,'' JUSTICE/JMD-009 
(62 FR 33438, Jun. 19, 1997).
    Also, this notice now covers debt collection records that 
previously have been part of or included in the following systems of 
records notices:
    1. Antitrust Division, ``Antitrust Information Management 
Information System (AMIS)--Monthly Report,'' JUSTICE/ATR-006 (63 FR 
8659, Feb. 20, 1998) and ``Antitrust Division Case Cards,'' JUSTICE/
ATR-007 (60 FR 52692, Oct. 10, 1995);
    2. Civil Division, ``Central Civil Division Case File System,'' 
JUSTICE/CIV-001 (63 FR 8659, Feb. 20, 1998);
    3. Civil Rights Division, ``Central Civil Rights Division Index 
File and Associated Records,'' JUSTICE/CRT-001 (68 FR 47611, Aug. 11, 
2003);
    4. Criminal Division, ``Central Criminal Division Index File and 
Associated Records,'' JUSTICE/CRM-001 (72 FR 44182, Aug. 7, 2007);
    5. Environment and Natural Resources Division, ``Environment and 
Natural Resources Division Case and Related Files,'' JUSTICE/ENRD-003 
(65 FR 8990, Feb. 23, 2000); and
    6. Tax Division, ``Criminal Tax Files, Special Project Files, 
Docket Cards and Associated Records,'' JUSTICE/TAX-001 (71 FR 11447, 
Mar. 7, 2006) and ``Tax Division Civil Tax Case Files, Docket Cards, 
and Associated Records,'' JUSTICE/TAX-002 (71 FR 11449, Mar. 7, 2006).

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment. Therefore, please submit any 
comments by March 22, 2012.

ADDRESSES: The public, Office of Management and Budget (OMB), and 
Congress are invited to submit any comments to the Department of 
Justice, ATTN: Privacy Analyst, Office of Privacy and Civil Liberties, 
Department of Justice, National Place Building, 1331 Pennsylvania 
Avenue NW., Suite 1000, Washington, DC 20530, or by facsimile at (202) 
307-0693.

FOR FURTHER INFORMATION CONTACT: Holley B. O'Brien, Director, Debt 
Collection Management Staff (DCM), Justice Management Division, 
Department of Justice, 145 N Street, NE., Room 5E.101, Washington, DC 
20530, at (202) 514-5343.
    In accordance with 5 U.S.C. 552a(r) the Department has provided a 
report to OMB and Congress on the new system of records.

    Dated: January 31, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/DOJ-016

SYSTEM NAME:
    Debt Collection Enforcement System

[[Page 9966]]

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The Justice Data Center, Rockville, MD 20854; and the DOJ 
components and offices throughout the country that have debt collection 
and enforcement records and/or responsibilities, including the 
Antitrust Division, the Civil Division, the Civil Rights Division, the 
Criminal Division, the Justice Management Division (JMD) Debt 
Collection Management Staff (DCM), the Executive Office for United 
States Attorneys (EOUSA), the Environment and Natural Resources 
Division (ENRD), and the Tax Division. Records may also reside in 
offices of private counsel retained by DOJ pursuant to contract 
(contract private counsel) to assist with debt collection.

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 referred to a DOJ litigating division, a United States 
Attorney Office (USAO), or to contract private counsel retained by DOJ, 
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.
    In addition, the categories of individuals covered by the system 
include persons who are authorized to access and use the system. These 
individuals are Department of Justice employees and contractors.

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, as well as for any amounts that the United States is 
authorized by law to collect for the benefit of any person or entity. 
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., debtors' payments, including principal, penalties, interest, and 
balances, etc.); information regarding debtors' employment, assets, 
ability to pay, property liens, etc.; data regarding debtors' loans or 
benefits from client agencies or other entities; information on the 
status and disposition of cases at various times; data related to the 
Treasury Offset Program (TOP), which includes offsets by the Internal 
Revenue Service against income tax refunds, offsets of the salaries and 
benefits of federal employees or members of the Armed Forces, and other 
administrative offsets; and any other information related to the 
negotiation, compromise, settlement, or litigation of debts owed the 
United States and others, or to the administrative management of debt 
collection efforts.
    The system also contains records regarding authorized system users, 
including audit log information and records relating to verification or 
authorization of an individual's access to the system. This information 
includes user name, date and time of use, search terms and filters, 
results that the user accessed, and a user's permissions and 
authorizations for particular data at that time.

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, 31 U.S.C. 3701-
3720E (original version at Pub. L. 104-134, 110 Stat. 132 (1996)), the 
Federal Debt Collection Procedures Act of 1990, 28 U.S.C. 3001-3307 
(original version at Pub. L. 101-647, 104 Stat. 4933 (1990)), 28 U.S.C. 
516, 28 U.S.C. 547, and 44 U.S.C. 3101. More specifically, 28 U.S.C. 
516, 519, and 547 authorize 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 et seq. and 
3201 et seq. 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 United States Government.

PURPOSES:
    This system of records is maintained by the Department to cover 
records used by Department components or offices and/or contract 
private counsel to perform legal, financial, and administrative 
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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (a) Information from this system may be disclosed to any federal, 
state, local, territorial, foreign, or tribal agency, or to an 
individual or organization, if there is reason to believe that such 
agency, individual, or organization possesses information relating to 
the verification or collection of debts owed the United States 
Government, and if the disclosure seeks to elicit information from such 
entities: (a) Regarding the status of such debts, including settlement, 
litigation, or other collection efforts; (b) regarding the 
identification or location of such debtors; (c) regarding the debtor's 
ability to pay; or (d) relating to the civil action, trial, or hearing, 
and the disclosure is reasonably necessary to elicit such information 
or to obtain the cooperation of an agency, individual, or organization.
    (b) Information may be disclosed to federal agencies 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 remedies against monies payable to 
such debtors by the Federal Government. In accordance with computer 
matching or data sharing programs, information may be disclosed to 
federal agencies, including the Department of Treasury, Treasury Offset 
Program, to effect tax refund, salary, and/or administrative offset 
against federal payments to collect a delinquent debt owed the United 
States; to the Department of Treasury, Internal Revenue Service, 
Taxpayer Address

[[Page 9967]]

Request Program, to obtain the last known mailing address of a taxpayer 
for the purpose of locating such taxpayer to collect or to compromise a 
debt owed by the taxpayer to the United States; and to the Department 
of Housing and Urban Development, Credit Alert Interactive Verification 
Reporting System, for its use in providing information to federal 
agencies and private lenders to assist in evaluating the credit 
worthiness of federal loan applicants.
    (c) Information from this system may be disclosed to client 
agencies who have referred outstanding debts to the 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.
    (d) 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 against 
that person.
    (e) 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.
    (f) 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. However, such action may only be taken after 
reasonable steps have been taken to ensure the accuracy of the identity 
of a debtor, such debtor has had an opportunity to verify, contest, and 
pay (in whole or in part) a non-tax debt, and a review has been 
conducted by the Secretary of the Treasury or designee.
    (g) Where a record, either alone 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, territorial, tribal 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    (h) Information from this system may be disclosed in an appropriate 
proceeding before a court, grand jury, or administrative or 
adjudicative body, when the Department of Justice determines that the 
records are arguably relevant to the proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    (i) 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.
    (j) Information from this system may be disclosed to appropriate 
officials and employees of a federal agency or entity that requires 
information relevant to a decision concerning the hiring, appointment, 
or retention of an employee; the assignment, detail, or deployment 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.
    (k) Information from this system may be disclosed to federal, 
state, local, territorial, tribal, foreign, or international licensing 
agencies or associations which require information concerning the 
suitability or eligibility of an individual for a license or permit.
    (l) 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.
    (m) 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 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.
    (n) Information from this system may be disclosed to the National 
Archives and Records Administration for purposes of records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
    (o) Information from this system may be disclosed to the news media 
and the public, including disclosures 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.
    (p) 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.
    (q) 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.
    (r) Information from this system may be disclosed to complainants 
and/or victims, to the extent necessary to provide such persons with 
information and explanations 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.
    (s) Information from this system may be disclosed to appropriate 
agencies, entities, and persons when (1) the Department suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) 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 (3) 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

[[Page 9968]]

confirmed compromise and prevent, minimize, or remedy such harm.
    (t) Information from this system may be disclosed to such 
recipients and under such circumstances and procedures as are mandated 
by federal statute or treaty.

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. 1681a-1681u) and the Debt Collection 
Act (31 U.S.C. 3701-3720E) 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:
    While in the custody of DOJ, certain records in this system are 
maintained in automated computer information systems and stored in 
electronic format for use or reproduction in documents or report form 
at various times. Other records in this system are maintained in paper 
format and stored in file cabinets, safes, and similar storage 
containers by the component and/or office enforcing the collection of 
the debt.

RETRIEVABILITY:
    Data in this system of records may be retrieved by debtor names, 
other personal identifiers, or case numbers, through computerized 
queries and other keyword searches.

SAFEGUARDS:
    The Debt Collection Enforcement System security protocols meet 
multiple NIST Security Standards from authentication to certification 
and accreditation. Records in the Debt Collection Enforcement System 
are maintained in a secure, password protected electronic system 
environment that utilizes security hardware and software including: 
multiple firewalls, active intruder detection, and role-based access 
controls. Additional safeguards may vary by component.

RETENTION AND DISPOSAL:
    Debt Collection Records maintained by DOJ Components are maintained 
in accordance with approved records retention schedules. The records 
(Master File) of the Department-wide debt collection system are 
maintained for seven years after close of the case. (N1-060-08-02)

SYSTEM MANAGER(S) AND ADDRESS:
    For Debt Collection Management Staff/JMD information contact: FOIA/
PA Contact, DOJ/Justice Management Division, 950 Pennsylvania Avenue 
NW., Room 1111, Washington, DC 20530-0001.
    For Antitrust Division information contact: FOIA/PA Unit, DOJ/
Antitrust Division, Liberty Square Building, Suite 1000, 450 Fifth 
Street NW., Washington, DC 20530-0001.
    For Civil Division information contact: FOIA/PA Office, DOJ/Civil 
Division, Room 7304, 20 Massachusetts Avenue NW., Washington, DC 20530-
0001.
    For Civil Rights Division information contact: FOIA/PA Branch, DOJ/
Civil Rights Division, 950 Pennsylvania Avenue NW., BICN, Washington, 
DC 20530-0001.
    For Criminal Division information contact: FOIA/PA Unit, DOJ/
Criminal Division, Keeney Building, Suite 1127, Washington, DC 20530-
0001.
    For Environment and Natural Resources Division information contact: 
FOIA/PA Office, Law and Policy Section, DOJ/ENRD, P.O. Box 4390, Ben 
Franklin Station, Washington, DC 20044-4390.
    For Executive Office for United States Attorneys (United States 
Attorneys Offices) information contact: FOIA/PA Staff, DOJ/EOUSA, 600 E 
Street NW., Room 7300, Washington, DC 20530-0001. Contact information 
for the individual United States Attorneys Offices in the 94 Federal 
judicial districts nationwide can be located at www.usdoj.gov/usao.
    For Tax Division information contact: Assistant Attorney General, 
Tax Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW., 
Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Same as Record Access Procedures.

RECORD ACCESS PROCEDURES:
    To the extent that information in this system of records is not 
subject to exemption, it is subject to access and amendment. A 
determination as to the applicability of an exemption to a specific 
record shall be made at the time a request for access is received. 
Requests for access must be in writing and should be addressed to the 
appropriate System Manager listed above. The envelope and letter should 
be clearly marked ``Privacy Act Request'' and comply with 28 CFR 16.41 
(Requests for Access to Records). 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 appropriate System 
Manager listed above. The envelope and letter should clearly be marked 
``Privacy Act Request'' and comply with 28 CFR 16.46 (Request for 
Amendment or Correction of Records).

RECORD SOURCE CATEGORIES:
    Sources of information contained in this system primarily consist 
of the individuals covered by the system; DOJ and/or agencies to whom 
the individual is indebted, seeks benefits, or has furnished 
information; attorneys or other representatives of debtors and/or 
payors; and Federal, state, local, tribal, territorial, 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:
    The Privacy Act authorizes an agency to promulgate rules to exempt 
a system of records (or parts of a system of records) from certain 
Privacy Act requirements. The Attorney General has exempted this system 
from subsections (c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), 
(3), (4) (G), (H), and (I), (5), and (8); (f); and (g) of the Privacy 
Act pursuant to 5 U.S.C. 552a(j)(2) for any criminal law enforcement 
information within the system; in addition, the system is exempt 
pursuant to 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d)(1), (2), 
(3), and (4); (e)(1), (4)(G), (H), and (I); and (f). Rules have been 
promulgated in accordance with the requirements of 5 U.S.C. 553(b), 
(c), and (e) and have been published in today's Federal Register.
[FR Doc. 2012-3913 Filed 2-17-12; 8:45 am]
BILLING CODE 4410-CN-P