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Federal Register, Volume 73 Issue 202 (Friday, =
October 17, 2008)
[Federal Register Volume 73, Number 202 (Friday, October 17, =
2008)]
[Notices]
[Pages 61885-61888]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-24749]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0008]
Privacy Act of 1974; Department of Homeland Security Accounts=20
Receivable System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of record notices, the Department of Homeland Security=20
proposes to consolidate five legacy record systems: Treasury/CS.005=20
Accounts Receivable, October 18, 2001, Treasury/CS.030 Bankrupt=20
Parties-In-Interest, October 18, 2001, Treasury/CS.031 Bills Issued=20
Files, October 18, 2001, Treasury/CS.211 Sanction List, October 18,=20
2001, and FEMA/OC-2, Debt Collection Files, December 3, 1993, into one=20
Department-wide system of records. This system will allow the=20
Department to collect and maintain records of debts owed to the=20
Department. Categories of individuals, categories of records, and the=20
routine uses of these legacy system of records notices have been=20
consolidated and updated to better reflect the Department's accounts=20
receivable record systems. This consolidated system, titled Accounts=20
Receivable, will be included in the Department's inventory of records=20
systems.
DATES: Submit comments on or before November 17, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0008 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personally identifiable information provided.
Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy=20
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy=20
Officer, Privacy Office, Department of Homeland Security, Washington,=20
DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS) and its components and=20
offices have relied on preexisting Privacy Act system of records=20
notices for the collection and maintenance of records that concern=20
DHS's accounts receivable records.
As part of its efforts to streamline and consolidate its Privacy=20
Act records systems, DHS is establishing a new agency-wide system of=20
records under the Privacy Act (5 U.S.C. 552a) for DHS accounts=20
receivable records. This will ensure that all components of DHS follow=20
the same privacy rules for collecting and maintaining accounts=20
receivable records. This system will consist of both electronic and=20
paper
[[Page 61886]]
records and will be used by DHS and its components and offices to=20
collect and maintain accounts receivable records. The data will be=20
collected and maintained by name and other unique personal identifier.=20
The collection and maintenance of accounts receivable information=20
assists DHS in meeting its obligation to manage Departmental funds and=20
ensures that the Department has an accurate accounting of all the money=20
which it is owed.
In accordance with the Privacy Act of 1974 and as part of DHS's=20
ongoing effort to review and update legacy system of record notices,=20
DHS proposes to consolidate five legacy record systems: Treasury/CS.005=20
Accounts Receivable (66 FR 52984 October 18, 2001), Treasury/CS.030=20
Bankrupt Parties-In-Interest (66 FR 52984 October 18, 2001), Treasury/
CS.031 Bills Issued Files (66 FR 52984 October 18, 2001), Treasury/
CS.211 Sanction List (66 FR 52984 October 18, 2001), and FEMA/OC-2,=20
Debt Collection Files (Last revised as 58 FR 63986, formerly FEMA/RMA-
9, Claims Collection Files, 52 FR 324 December 3, 1993) into one DHS-
wide system of records. This system will allow DHS to collect and=20
maintain records of debts owed to the Department. Categories of=20
individuals, categories of records, and the routine uses of these=20
legacy system of records notices have been consolidated and updated to=20
better reflect the Department's accounts receivable record systems.=20
This consolidated system, titled Accounts Receivable, will be included=20
in the Department's inventory of records systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and legal=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
Part 5.
The Privacy Act requires that each agency publish in the Federal=20
Register a description denoting the type and character of each system=20
of records in order to make agency recordkeeping practices transparent,=20
to notify individuals about the use of their records, and to assist the=20
individual to more easily find files within the agency. Below is a=20
description of the Account Receivable System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this revised system of records to the Office of Management and Budget=20
and to the Congress.
System of Records:
DHS/ALL-008.
System name:
Department of Homeland Security Accounts Receivable Records.
Security classification:
Unclassified.
System location:
Records are maintained at several Headquarters locations and in=20
component offices of DHS, in both Washington, DC and field locations.
Categories of individuals covered by the system:
Any individual who is indebted to DHS.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Social security number;
Addresses;
Waiver of Debt Letter of Appeal;
Receipts;
Notices of debts;
Invoices;
Record of payments, including refunds and overpayments;
Number and amount of unpaid or overdue bills;
Record of satisfaction of debt or referral for further=20
action;
Correspondence and documentation with debtors and=20
creditors; and
Electronic financial institution data.
Authority for maintenance of the system:
5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; The Homeland=20
Security Act of 2002, Public Law 107-296, 6 U.S.C. 121; Public Law 89-
508; Federal Claims Collection Act of 1966, 31 U.S.C. 3701; Executive=20
Order 9373.
Purpose(s):
The purpose of this system is to keep track of debts owed to DHS.
Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney=20
Offices) or other Federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body when=20
it is necessary to the litigation and one of the following is a party=20
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where=20
Department of Justice or DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether
[[Page 61887]]
maintained by DHS or another agency or entity) or harm to the=20
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
H. To a court, magistrate, or administrative tribunal in the course=20
of presenting evidence, including disclosures to opposing counsel or=20
witnesses in the course of civil discovery, litigation, or settlement=20
negotiations or in connection with criminal law proceedings or in=20
response to a subpoena from a court of competent jurisdiction.
I. To a Federal, State, or local agency so that the agency may=20
adjudicate an individual's eligibility for a benefit.
J. To the Department of Justice or other Federal agency for further=20
collection action on any delinquent debt when circumstances warrant.
K. To a debt collection agency for the purposes of debt collection.
L. To requesting agencies or non-Federal entities under approved=20
computer matching efforts to improve program integrity and to collect=20
debts and other money owed under those programs (e.g. matching for=20
delinquent loans or other indebtedness to the Government). Computer=20
matching efforts are limited only to those data elements considered=20
relevant to making a determination of eligibility under a particular=20
benefit program administered by those agencies or entities, or by the=20
Department of Treasury, or any constituent unit of the Department.
M. To unions recognized as exclusive bargaining representatives=20
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114, the=20
Merit Systems Protection Board, arbitrators, the Federal Labor=20
Relations Authority, and other parties responsible for the=20
administration of the Federal labor-management program for the purpose=20
of processing any corrective actions, or grievances, or conducting=20
administrative hearings or appeals, or if needed in the performance of=20
other authorized duties.
N. To Federal servicing agencies to record payments received;
O. To the General Accounting Office, Department of Justice, or a=20
United States Attorney, copies of the Debt Collection Officer's file=20
regarding the debt and actions taken to attempt to collect monies owed.
P. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.
Disclosure to consumer reporting agencies:
To consumer reporting agencies, as defined in the Fair Credit=20
Reporting Act, 15 U.S.C. 1681a(f) or the Federal Claims Act of 1966, 31=20
U.S.C. 3701(a)(3). Disclosure to consumer reporting agencies is made=20
pursuant to 5 U.S.C. 552a(b)(12).
Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Data may be retrieved by an individual's name, personnel number,=20
social security number, and/or other personal identifier.
Safeguards:
Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.
Retention and disposal:
Records are destroyed six years and three months after period=20
covered by the account, in accordance with National Archives and=20
Records Administration General Records Schedule 6, Item 1 and Item 10.
System Manager and address:
For Headquarters components of DHS, the System Manager is the=20
Director of Departmental Disclosure, Department of Homeland Security,=20
Washington, DC 20528. For components of DHS, the System Manager can be=20
found at http://www.dhs.gov/foia =
under ``contacts.''
Notification procedure:
Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to the Headquarters' or component's=20
FOIA Officer, whose contact information can be found at http://
www.dhs.gov/foia under ``contacts.'' If an individual believes more=20
than one component maintains Privacy Act records concerning him or her=20
the individual may submit the request to the Chief Privacy Officer,=20
Department of Homeland Security, 245 Murray Drive, SW., Building 410,=20
STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR Part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486.
[[Page 61888]]
In addition you should provide the following:
An explanation of why you believe the Department would=20
have information on you,
Identify which component(s) of the Department you believe=20
may have the information about you,
Specify when you believe the records would have been=20
created,
Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record Source Categories:
Information originates with DHS and its components.
Exemptions claimed for the system:
None.
Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-24749 Filed 10-16-08; 8:45 am]
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