26924 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

Dated: May 28, 2009. 

Francis W. Foote, 

Director, Regulations and Rulings Division. 

[FR Doc. E9–13074 Filed 6–3–09; 8:45 am] 

BILLING CODE 4810–31–P 

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. 

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 EastWest 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; 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 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 Treasurydesignated 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. 

26926 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

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