[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Notices]
[Page 22405-22408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap08-84]
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GENERAL SERVICES ADMINISTRATION
Privacy Act of 1974; Notice of Updated Systems of Records
AGENCY: General Services Administration.
ACTION: Notice.
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SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are
relevant, necessary, accurate, up-to-date, covered by the appropriate
legal or regulatory authority, and in response to OMB M-07-16. This
notice is a compilation of updated Privacy Act system of record
notices.
DATES: Effective May 27, 2008.
FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act
Officer: telephone 202-208-1317; e-mail gsa.privacyact@gsa.gov.
ADDRESSES: GSA Privacy Act Officer (CIB), General Services
Administration, 1800 F Street, NW., Washington, DC 20405.
SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide
review of its Privacy Act systems of records. As a result of the review
GSA is publishing updated Privacy Act systems of records notices.
Rather than make numerous piecemeal revisions, GSA is republishing
updated notices for one of its systems. Nothing in the revised system
notices indicates a change in authorities or practices regarding the
collection and maintenance of information. Nor do the changes impact
individuals' rights to access or amend their records in the systems of
records. The updated system notices also include the new requirement
from OMB Memorandum M-07-16 regarding a new routine use that allows
agencies to disclose information in connection with a response and
remedial efforts in the event of a data breach.
Dated: April 16, 2008.
Cheryl M. Paige,
Director, Office of Information Management.
GSA/PPFM-7
SYSTEM NAME:
Credit Data on Individual Debtors.
SYSTEM LOCATION:
Records are located at the following GSA Central Office and
Regional addresses of the GSA Office of Finance:
GSA Building, 1800 F Street, NW., Washington, DC 20405.
Bannister Complex, 1500 East Bannister Road, Kansas City,
MO 64131.
Fritz G. Lanham Federal Building, 819 Taylor Street, Fort
Worth, TX 76102.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered include employees, former employees, and other
individuals who are indebted to GSA or any other agency or department
of the United States; a State, territory or commonwealth of the United
States, or the District of Columbia (hereinafter collectively referred
to as ``States''); or individuals that may become indebted to GSA or
another agency or department of the United States as the result of a
privately owned vehicle (POV) being involved in an accident with a GSA
Fleet vehicle.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records may contain information from commercial and agency
investigative reports showing debtors' assets, liabilities, income, and
expenses; identifying information, such as names and taxpayer
identification numbers (TINs) (i.e., Social Security Numbers or
employer identification numbers); debtor contact information, such as
work and home address, and work and home telephone numbers; and name of
employer and employer address. The records for claims against
nongovernmental individuals (i.e., claims arising from vehicle
accidents) may contain information on privately owned vehicles (POVs),
including, but not limited to: (a) The owner, year, make, model, tag
number and State of the vehicle; and (b) the driver's or owner's
insurance company information, including name, address, telephone
number and policy number. Debts include unpaid taxes, loans,
assessments, fines, fees, penalties, overpayments, advances, extensions
of credit from sales of goods or services, third-party claims, and
other amounts of money or property owed to, or collected by, GSA, any
other Federal entity or a State, including past-due support that is
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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 of debt origination, the amount of delinquency
or default, date of delinquency or default, the basis for the debt, the
amounts accrued for interest, penalties, and administrative costs; and
the payments on the account; (b) actions taken to collect or resolve
the debt, such as demand letters or invoices sent, documents or
information required for referral of accounts to collection agencies,
to other Federal entities, or for litigation, and notes taken regarding
telephone or other communications related to the collection or
resolution of the debt; and (c) the referring or collecting
governmental entity that is collecting or is owed the debt, such as the
name, telephone number, and address of the governmental entity contact.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5514, 31 U.S.C. 3701 and 3702, 31 U.S.C. 3711 et seq., 31
U.S.C. 6503, and 26 U.S.C. 6402.
Purpose:
The purpose of the system is to assemble and maintain information
on individuals who are indebted to GSA, other Federal entities, and
States for the purpose of effecting enforced collections from the
debtors, including past-due support enforced by States. The information
contained in the records is maintained for the purpose of taking action
to facilitate collection and resolution of debts using various methods,
including, but not limited to, requesting repayment of debt by
telephone or in writing, pursuing offset, levy, administrative wage
garnishment, centralized salary offset, referral to collection agencies
or litigation, and using other collection or resolution methods
authorized or required by law. The information is also maintained for
the purpose of providing collection information about the debt to other
Federal entities or States collecting the debt, providing statistical
information on debt collection operations, and testing and developing
enhancements to computer systems containing the records.
ROUTINE USES OF THE SYSTEM OF RECORDS, INCLUDING CATEGORIES OF THE
USERS AND THEIR PURPOSE FOR USING THE SYSTEM:
In addition to the disclosures permitted under subsection (b) of
the Privacy Act, 5 U.S.C. 552a(b), GSA may disclose information
contained in this system of records without the consent of the subject
individual if the disclosure is compatible with the purpose for which
the record was collected under the following routine uses:
a. In any legal proceeding, where pertinent, to which GSA is a
party before a court or administrative body.
b. To authorized officials engaged in investigating or settling a
grievance, complaint, or appeal filed by an individual who is the
subject of the record.
c. To a Federal agency in connection with the hiring or retention
of an employee; the issuance of a security clearance; the reporting of
an investigation; the letting of a contract; or the issuance of a
grant, license, or other benefit to the extent that the information is
relevant and necessary to a decision.
d. To any Federal agency where the debtor is employed or receiving
some form of remuneration for the purpose of enabling that agency to
collect a debt owed the Federal government on GSA's behalf. GSA may
negotiate with the debtor for voluntary repayment or may initiate
administrative or salary offset procedures or other authorized debt
collection methods under the provisions of the Debt Collection Act of
1982, 5 U.S.C. 5514, or the Debt Collection Improvement Act of 1996, 31
U.S.C. 3701 et seq.
e. To the Office of Personnel Management (OPM), the Office of
Management and Budget (OMB), or the Government Accountability Office
(GAO) when the information is required for program evaluation purposes.
f. To any Federal, 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):
(1) 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: Requests for repayment by
telephone or in writing; negotiation of voluntary repayment or
compromise agreements; offsets 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; referral of debts to private collection agencies, to Treasury-
designated debt collection centers, or for litigation; obtaining
administrative and court-ordered wage garnishment; conducting debt
sales; publishing names and identities of delinquent debtors in the
media or other appropriate places; creating a Centralized Salary Offset
program; and pursuing any other debt collection method authorized by
law.
(2) To conduct computerized comparisons to locate Federal payments
to be made to debtors.
(3) To conduct authorized computer matching programs in compliance
with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, 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.
(4) To collect a debt owed to GSA, another Federal entity, or State
through the offset of payments made by States, territories,
commonwealths, or the District of Columbia.
(5) To account for 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.
(6) To deny Federal financial assistance in the form of loans or
loan guarantees to an individual who owes a delinquent debt to GSA or
another Federal entity or who owes delinquent child support that has
been referred to GSA for collection by administrative offset.
(7) To develop, enhance, and/or test databases, matching
communications, or other computerized systems that facilitate debt
collection processes.
(8) To provide assistance with any other appropriate debt
collection purpose.
g. To a Member of Congress or staff on behalf of and at the request
of the individual who is the subject of the record.
h. To any individual or entity:
(1) 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: pursuing administrative or
court-ordered wage garnishment; reporting information to commercial
credit bureaus; conducting asset searches; publishing the names and
identities of delinquent debtors in the media or other appropriate
places; conducting debt sales; or initiating Centralized Salary
Offsets.
(2) To deny Federal financial assistance in the form of loans or
loan guarantees to an individual who owes a delinquent debt to the
United States or delinquent child support that has been referred to GSA
for collection by administrative offset.
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(3) To pursue any other appropriate debt collection purpose, such
as to credit reporting agencies or credit bureaus for the purpose of
adding to a credit history file or obtaining a credit history file or
comparable credit information for use in debt collection. As authorized
by the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq.,
GSA may report current (not delinquent) and delinquent consumer or
commercial debts to these entities to aid the collection of debts,
typically by providing an incentive to the person to repay the debt in
a timely manner. GSA may report on delinquent debts to the Department
of Housing and Urban Development's Credit Alert Interactive Voice
Response System (CAIVRS).
i. To the Internal Revenue Service and applicable State and local
governments for tax reporting purposes. Under the provisions of the
Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq., GSA is
permitted to provide the Department of Treasury with Form 1099-C
information on canceled or forgiven debts so that the Department of
Treasury may file the form on GSA's behalf with the IRS. W-2 and 1099
Forms contain information on items to be considered as income to an
individual, including payments to persons not treated as employees
(e.g., fees paid to consultants and experts) and amounts written-off as
legally or administratively uncollectible in whole or in part.
j. To banks enrolled in the Treasury Credit Card Network to collect
a payment or debt when the individual has given his or her credit card
number for this purpose.
k. To the Department of Treasury or other Federal agency with whom
GSA has entered into an agreement establishing the terms and conditions
for debt collection cross servicing operations on behalf of GSA to
satisfy, in whole or in part, debts owed to the United States. Cross
servicing includes the possible use of all debt collections tools such
as administrative offset, referral to debt collection contractors, and
referral to the Department of Justice.
l. To the Department of Treasury, government corporations, State or
local agencies, or other Federal agencies to conduct computer matching
programs for the purpose of identifying and locating individuals who
are receiving Federal salaries or benefit payments and are delinquent
in their repayment of debts owed to the United States under certain
programs administered by the GSA in order to collect the debts under
the provisions of the Debt Collection Act of 1982, as amended, 5 U.S.C.
5514, or the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 et
seq., by voluntary payment or administrative or salary offset
procedures.
m. To the National Archives and Records Administration (NARA) for
records management purposes.
n. To or from the Department of Treasury for the purpose of
allowing the GSA National Payroll Center (NPC) to participate in the
Centralized Salary Offset (CSO) program, or similar offset program.
Agencies must notify the Department of Treasury of all delinquent debts
over 180 days past due so that recovery may be made by centralized
administrative offset. This includes debts that GSA seeks to recover
from the pay account of an employee of another agency by salary offset,
or by another agency seeking recovery from a GSA employee, including
client agency employees, by salary offset.
o. To or from another agency or department of the United States
when a GSA Fleet vehicle has been involved in an accident with an
individual or commercial POV. Disclosure to consumer reporting
agencies: Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from
this system to consumer reporting agencies as defined in the Fair
Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims
Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3) and 3711(e).
p. To an expert, consultant, or contractor of GSA in the
performance of a Federal duty to which the information is relevant.
q. To appropriate agencies, entities, and persons when (1) the
Agency suspects or has confirmed that the security or confidentiality
of information in the system of records has been compromised; (2) the
Agency 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 GSA 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 GSA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are maintained in file folders and/or boxes and
stored in lockable filing cabinets or file room until archived at NARA,
or in electronic form in computers or other electronic media.
RETRIEVABILITY:
Records are maintained by name and claim number and are cross-
referenced with the Social Security Number (when available).
SAFEGUARDS:
Records are stored in guarded buildings and/or in areas controlled
by authorized personnel. Computer files are protected by the use of
passwords and other appropriate security measures.
RETENTION AND DISPOSAL:
Records for files submitted to the Financial Management Service for
cross servicing per the Debt Collection Act of 1996 are maintained on
site for the time period at FMS (up to 10 years). Records for closed
files are sent to the National Archives and Records Administration and
are retained for 6 years and 3 months.
SYSTEM MANAGER AND ADDRESS:
Deputy Chief Financial Officer, Office of Financial Policy and
Operations, General Services Administration, 1800 F Street, NW.,
Washington, DC 20405.
NOTIFICATION PROCEDURE:
Inquiries by individuals under the Privacy Act of 1974, as amended
(5 U.S.C. 552a) regarding claims pertaining to themselves should be
addressed to the system manager. All individuals making inquiries
should provide as much descriptive information as possible to identify
the particular record desired. The system manager will advise as to
whether GSA maintains the records requested by the individual.
RECORD ACCESS PROCEDURES:
Requests from individuals for access to records should be addressed
to the system manager and should include the individual's name and
address.
CONTESTING RECORD PROCEDURES:
GSA rules for contesting the contents of the records and for
appealing initial determinations are promulgated in 41 CFR 105.64.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from individual debtors;
credit bureaus;
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agency investigative reports; other GSA systems of records; Federal and
State agencies to which debts are owed; Federal employing agencies and
other entities that employ the individual; Federal and State agencies
issuing payments; collection agencies; locator and asset search
companies; Federal, State or local agencies furnishings identifying
information and/or addresses of debtors; or from public documents.
[FR Doc. E8-8925 Filed 4-24-08; 8:45 am]
BILLING CODE 6820-34-P