[Federal Register: March 31, 2000 (Volume 65, Number 63)]
[Notices]
[Page 17251-17252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr00-41]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act: Proposed New System of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of proposed new System of Records--USDA/FNS-10, entitled
Persons Doing Business with the Food and Nutrition Service.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a, the United States Department of
Agriculture (USDA), Food and Nutrition Service (FNS), is giving notice
that it proposes to add a new system of records.
FNS is creating a new system of records to include the names,
addresses and Social Security Numbers of persons involved in a direct
payment relationship with FNS, including program sponsors, contractors
and other individuals. The Debt Collection Improvement Act of 1996
(DCIA), Public Law 104-134, requires FNS to collect taxpayer
identifying numbers (TINs) from all individuals and entities with which
FNS does business, and to furnish the TIN with each certified voucher
requesting payment. The Privacy Act of 1974, in turn, requires that
before personal identifying information may be shared with other
entities, a Privacy Act notice must be published. Therefore, FNS is
publishing the accompanying notice announcing the establishment of a
system of records providing routine uses to allow FNS to provide TINs
to the Department of the Treasury for the purposes required under the
Law.
EFFECTIVE DATE: This notice will be effective, without further notice,
May 10, 2000 unless modified by a subsequent notice to incorporate
comments received by the public. Comments must be received by the
contact person listed below on or before May 1, 2000 to be assured
consideration.
ADDRESSES: Comments should be addressed to: Lou Pastura, Director,
Grants Management Division, Food and Nutrition Service, USDA, Room 407,
3101 Park Center Drive, Alexandria, Virginia 22302.
FOR FURTHER INFORMATION CONTACT: Mark Porter at (703) 305-2048.
SUPPLEMENTARY INFORMATION: The Debt Collection Act of 1982 (Pub. L. 97-
365), as amended, provides statutory authority for Federal agencies to
collect debts through administrative offset. The Debt Collection
Improvement Act of 1996 (Pub. L. 104-134), expanded that statutory
authority by requiring Federal agencies to obtain TINs from all
individuals and entities doing business with it, and to furnish the TIN
with each certified voucher requesting payment. This requirement
enables the TINs of Federal payment recipients to be made available to
match against a debtor masterfile to facilitate debt collection by
administrative offset under the DCIA, and for income reporting to the
Internal Revenue Service.
As a prerequisite to making TINs available for such purposes, the
Privacy Act of 1974, as amended, requires that agencies that maintain a
system of records must publish a notice in the Federal Register of the
existence and character of the system of records. This includes each
routine use of the records contained in the system including categories
of users and the purpose of such use. Thus, FNS is proposing the
following routine uses for this system of records, so that FNS can
fully comply with the legislative mandate cited above.
This system of records contains personal information from
individuals and entities who receive payments directly from FNS under
any of the various nutrition and nutrition education programs FNS
administers. The following information regarding individuals and
entities is contained in the system: Name, home address, Social
Security Number (SSN), and Employer Identification Number (EIN). The
system may also include information such as company or sponsor name,
and financial data such as amounts of payments to be made.
This system of records is not a financial management system that is
used to track and identify financial payments which become delinquent;
however, for FNS to be in compliance with the law as required by the
DCIA, FNS must share with the Department of the Treasury the personal
identifying information (such as the debtor's/payee's name, home
address, SSN, and EIN (which is not considered a personal item of
information)) of those individuals in this system to whom FNS is
providing direct payment. As stated previously, FNS must publish a
Privacy Act notice before personal identifying information may be
shared with the Department of the Treasury.
A ``Report on a New System,'' required by 5 U.S.C. 552a(r), as
implemented by OMB Circular A-130, was sent to the Chairman, Senate
Committee on Governmental Affairs, the Chairman, House Committee on
Government Reform and Oversight, and to the Administrator, Office of
Information and Regulatory Affairs, of the Office of Management and
Budget on March 27, 2000.
Signed at Washington, D.C. on March 27, 2000.
Dan Glickman,
Secretary of Agriculture.
USDA/FNS-10
SYSTEM NAME:
USDA/FNS-10 Persons Doing Business with the Food and Nutrition
Service (FNS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
This system of records is under the control of the Deputy
Administrator, Financial Management, Food and Nutrition Service, United
States Department of Agriculture, 3101 Park Center Drive, Alexandria,
Virginia 22302. The data is maintained in the Agency Financial
Management System (AFMS), FNS's automated financial system.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system consists of information on individuals who receive
payments directly from FNS under any of the various nutrition and
nutrition education programs FNS administers. These individuals may
include program sponsors, contractors, and other individuals. They do
not include program benefit recipients or State agencies.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information in the system consists of individuals' names,
addresses, Social Security Numbers, Employer Identification Numbers,
and amounts of payments to be made. The system may also include
information such as company or sponsor name.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 7701(c)(1), the Debt Collection Improvement Act of 1996
(Pub. L. 104-134), Debt Collection Act of 1982 as amended (Pub. L. 97-
365), the Child Nutrition Act of 1966 as amended the National School
Lunch Act as amended, and the Food Stamp Act of 1977 as amended.
[[Page 17252]]
PURPOSE:
To facilitate the Congressional mandate under the DCIA to provide
taxpayer identification numbers on all appropriate requests for payment
to facilitate debt collection by administrative offset under the DCIA,
and for income reporting to the IRS.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) USDA/FNS may disclose information from this system of records
to the appropriate agency, whether Federal, State, or local, charged
with the responsibility of investigating or prosecuting a violation of
law, or of enforcing or implementing a statute, rule, regulations, or
order issued pursuant thereto, of any record within this system when
information available indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute, or by rule,
regulation, or order issued pursuant thereto.
(2) USDA/FNS may disclose information from this system of records
to a court, magistrate, or administrative tribunal, or to opposing
counsel in a proceeding before any of the above, of any record within
the system which constitutes evidence in that proceeding, or which is
sought in the course of discovery.
(3) USDA/FNS may disclose information from this system of records
to a congressional office from the record of an individual provided
that individual gave the congressional office permission to inquire on
his or her behalf.
(4) USDA/FNS may disclose information from this system of records
of the Internal Revenue Service, for the purpose of reporting canceled
debts of $600 or more for violations committed under FNS programs.
Canceled debts will be reported to the Internal Revenue Service on Form
1099-C (Cancellation of Debt) under the authority of the Income Tax
Regulations (26 CFR parts 1 and 602) under section 6050P of the
Internal Revenue Code.
(5) USDA/FNS may disclose information from this system of records
to the Department of the Treasury on requests for payments for purposes
of administrative offset, to be effected in cases where entities
participating in FNS programs owe delinquent debts to other Federal
agencies.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
Records are maintained in the Agency's AFMS system on magnetic
tapes, on data disks, and in file folders at FNS Headquarters and at
the National Computer Center facility in Kansas City.
Retrievability:
Records are retrievable by name, vendor number, and Social Security
Number or Employer Identification Number.
Safeguards:
Access to records is limited to those persons who process the
records for the specific routine uses stated above. Records in such
formats as magnetic tape and disks are kept in physically secured rooms
or cabinets. Various methods of computer security limit access to
records in automated databases. Paper records are segregated and
physically secured in locked cabinets.
Retention and disposal:
Records are maintained in the automated AFMS system indefinitely.
Paper records, where they are held, are maintained for three years and
then destroyed pursuant to the applicable document retention and
disposal schedule.
System manager(s) and address:
Director, Accounting Division, Food and Nutrition Service, United
States Department of Agriculture, 3101 Park Center Drive, Room 415,
Alexandria, Virginia, 22302.
Notification Procedure:
Individuals may request from the system manager identified above
information regarding this system of records or whether the system
contains records pertaining to them. Any individual requesting such
information must provide his or her name, address, and Social Security
Number.
Record access procedure:
Individuals may obtain information about records in the system
pertaining to them by submitting a written request to the system
manager listed above. The envelope and letter should be marked
``Privacy Act Request,'' and should include the name, address, and
Social Security Number of the individual for which the request is made.
Contesting record procedures:
Individuals desiring to contest or amend information maintained in
the system should direct their requests to the system manager listed
above, state the reason(s) for contesting the information, and provide
any available documentation to support the requested action.
Record source categories:
Information in this system is provided by the applications and
contracts entered into by entities participating in the programs FNS
administers. Personal information in this system is also obtained from
the owners and officers of such entities as reported on the program
applications and contracts for services provided under these programs.
Exemptions claimed for the system:
None.
[FR Doc. 00-8005 Filed 3-30-00; 8:45 am]
BILLING CODE 3410-30-M
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