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FR Doc E8-24749

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[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61885-61888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc08-113]
----------------------------------------------------------------------DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0008]

Privacy Act of 1974; Department of Homeland Security Accounts
Receivable System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
----------------------------------------------------------------------SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security
proposes to consolidate five legacy record systems: Treasury/CS.005
Accounts Receivable, October 18, 2001, Treasury/CS.030 Bankrupt
Parties-In-Interest, October 18, 2001, Treasury/CS.031 Bills Issued
Files, October 18, 2001, Treasury/CS.211 Sanction List, October 18,
2001, and FEMA/OC-2, Debt Collection Files, December 3, 1993, into one
Department-wide system of records. This system will allow the
Department to collect and maintain records of debts owed to the
Department. Categories of individuals, categories of records, and the
routine uses of these legacy system of records notices have been
consolidated and updated to better reflect the Department's accounts
receivable record systems. This consolidated system, titled Accounts
Receivable, will be included in the Department's inventory of records
systems.
DATES: Submit comments on or before November 17, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS2008-0008 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personally identifiable information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,

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DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act system of records
notices for the collection and maintenance of records that concern
DHS's accounts receivable records.
As part of its efforts to streamline and consolidate its Privacy
Act records systems, DHS is establishing a new agency-wide system of
records under the Privacy Act (5 U.S.C. 552a) for DHS accounts
receivable records. This will ensure that all components of DHS follow
the same privacy rules for collecting and maintaining accounts
receivable records. This system will consist of both electronic and
paper
[[Page 61886]]
records and will be used by DHS and its components and offices to
collect and maintain accounts receivable records. The data will be
collected and maintained by name and other unique personal identifier.
The collection and maintenance of accounts receivable information
assists DHS in meeting its obligation to manage Departmental funds and
ensures that the Department has an accurate accounting of all the money
which it is owed.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of record notices,
DHS proposes to consolidate five legacy record systems: Treasury/CS.005
Accounts Receivable (66 FR 52984 October 18, 2001), Treasury/CS.030
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,
Debt Collection Files (Last revised as 58 FR 63986, formerly FEMA/RMA9, Claims Collection Files, 52 FR 324 December 3, 1993) into one DHSwide system of records. This system will allow DHS to collect and
maintain records of debts owed to the Department. Categories of
individuals, categories of records, and the routine uses of these
legacy system of records notices have been consolidated and updated to
better reflect the Department's accounts receivable record systems.
This consolidated system, titled Accounts Receivable, will be included
in the Department's inventory of records systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and

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visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires that each agency publish in the Federal
Register a description denoting the type and character of each system
of records in order to make agency recordkeeping practices transparent,
to notify individuals about the use of their records, and to assist the
individual to more easily find files within the agency. Below is a
description of the Account Receivable System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
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
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
action;
Correspondence and documentation with debtors and
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
Security Act of 2002, Public Law 107-296, 6 U.S.C. 121; Public Law 89508; Federal Claims Collection Act of 1966, 31 U.S.C. 3701; Executive
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
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a

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routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is necessary to the litigation and one of the following is a party
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
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
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS 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
[[Page 61887]]
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or

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witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
I. To a Federal, State, or local agency so that the agency may
adjudicate an individual's eligibility for a benefit.
J. To the Department of Justice or other Federal agency for further
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
computer matching efforts to improve program integrity and to collect
debts and other money owed under those programs (e.g. matching for
delinquent loans or other indebtedness to the Government). Computer
matching efforts are limited only to those data elements considered
relevant to making a determination of eligibility under a particular
benefit program administered by those agencies or entities, or by the
Department of Treasury, or any constituent unit of the Department.
M. To unions recognized as exclusive bargaining representatives
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114, the
Merit Systems Protection Board, arbitrators, the Federal Labor
Relations Authority, and other parties responsible for the
administration of the Federal labor-management program for the purpose
of processing any corrective actions, or grievances, or conducting
administrative hearings or appeals, or if needed in the performance of
other authorized duties.
N. To Federal servicing agencies to record payments received;
O. To the General Accounting Office, Department of Justice, or a
United States Attorney, copies of the Debt Collection Officer's file
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
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
To consumer reporting agencies, as defined in the Fair Credit
Reporting Act, 15 U.S.C. 1681a(f) or the Federal Claims Act of 1966, 31
U.S.C. 3701(a)(3). Disclosure to consumer reporting agencies is made
pursuant to 5 U.S.C. 552a(b)(12).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Data may be retrieved by an individual's name, personnel number,
social security number, and/or other personal identifier.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being

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stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and disposal:
Records are destroyed six years and three months after period
covered by the account, in accordance with National Archives and
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
Director of Departmental Disclosure, Department of Homeland Security,
Washington, DC 20528. For components of DHS, the System Manager can be
found at http://www.dhs.gov/foia under ``contacts.''
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Headquarters' or component's
FOIA Officer, whose contact information can be found at http://
www.dhs.gov/foia under ``contacts.'' If an individual believes more
than one component maintains Privacy Act records concerning him or her
the individual may submit the request to the Chief Privacy Officer,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
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
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.

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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]
BILLING CODE 4410-10-P

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