Privacy Act of 1974; Proposed New System of Records

FEDERAL MARITIME COMMISSION

Privacy Act of 1974; Proposed New System of Records

AGENCY: Federal Maritime Commission.

ACTION: Notice of proposed new system of records.

-----------------------------------------------------------------------

SUMMARY: This Notice proposes the addition of a new system of records

to be maintained by the Commission. The new system will contain

information regarding the Commission's efforts to collect debts from

individuals arising out of administrative or program activities or

services administered by the Commission.

DATES: Comments must be submitted on or before October 15, 1997. The

new system will be effective on October 27, 1997, unless comments are

received that would result in a contrary determination.

[[Page 48289]]

ADDRESSES: Comments may be submitted to: Joseph C. Polking, Secretary,

Federal Maritime Commission, 800 N. Capitol Street, NW, Washington, DC

20573-0001, (202) 523-5725.

FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, (202) 523-5725.

SUPPLEMENTARY INFORMATION: The Commission is proposing to establish

a new Privacy Act system of records related to debt collection

activity it will be engaged in when implementing the Debt

Collection Act of 1982, as amended by the Debt Collection

Improvement Act of 1996 (``Act''), 31 U.S.C. 3701 et seq.

Utilization by the Commission of the collection tools provided by

the Act will help maximize collection of delinquent debts owed to

the Government.

Notice is hereby given that, pursuant to the Privacy Act of 1974, 5

U.S.C. 552a, the Commission proposes to establish a new system of

records reading as follows:

FMC--31

SYSTEM NAME:

Debt Collection Files.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Records are located in the Office of Budget and Financial

Management, Federal Maritime Commission, 800 North Capitol Street, NW,

Washington, DC 20573.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who are indebted to FMC.

CATEGORIES OF RECORDS IN THE SYSTEM:

The Debt Collection Officer's file will contain copies of debt

collection letters, bills for collection, and correspondence to and

from the debtor relating to the debt. The file will include such

information as the name and address of the debtor, taxpayer's

identification number (which may be the social security number); amount

of debt or delinquent amount; basis of debt; date debt arose; office/

bureau referring debt to the Debt Collection Officer; record of each

collection made; credit report; financial statement reflecting the net

worth of the debtor; date by which debt must be referred to the

Department of the Treasury for further collection action; and citation

or basis on which debt was terminated or compromised.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

31 U.S.C. 3701 et seq., Debt Collection Act of 1982 (Pub. L. 97-

365, 96 Stat. 1749) as amended by the Debt Collection Improvement Act

of 1996 (Pub. L. 104-134, 101 Stat. 1321-358).

PURPOSE(s):

Information is used for the purpose of collecting monies owed FMC

arising out of any administrative or program activities or services

administered by FMC. The Debt Collection Officer's file represents the

basis for the debt and amount of debt and actions taken by FMC to

collect the monies owed under the debt. The credit report or financial

statement provides an understanding of the individual's financial

condition with respect to requests for deferment of payment.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

When debts are uncollectible, copies of the FMC Debt Collection

Officer's file regarding the debt and actions taken to attempt to

collect the monies are forwarded to the Department of Treasury for

further collection action. FMC may also provide Treasury with copies of

the debt collection letter, bill for collection, and FMC correspondence

to the debtor.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Disclosure pursuant to 5 U.S.C. 552a(b)(12): Disclosures 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 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETARINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in notebooks, file folders, on lists and

forms, and in computer processible storage media.

RETRIEVABILITY:

The system files are filed by bill for collection number, name, or

taxpayer's identification number (which may be the social security

number).

SAFEGUARDS:

Personnel screening, hardware, and software computer security

measures; paper records are maintained in locked containers and/or

room. All records are maintained in areas that are secured by building

guards during non-business hours. Records are retained in areas

accessible only to authorized personnel.

RETENTION AND DISPOSAL:

Records are covered by General Records Schedule 6. The file on each

debt on which administrative collection action has been completed shall

be retained by Debt Collection Officer not less than one year after the

applicable statute of limitation has run out. The file is then

transferred to the National Archives and Records Administration for a

period of six years and three months after the end of the fiscal year

in which the debt was closed out by means of the debt being paid,

terminated, compromised, or the statute of limitations had run out.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Office of Budget and Financial Management, Federal

Maritime Commission, 800 North Capitol Street, NW, Washington, DC

20573.

NOTIFICATION PROCEDURES:

Individuals wishing to inquire whether this system of records

contains information about themselves should contact the system manager

identified above. Written requests should be clearly marked ``Privacy

Act Request'' on the envelope and letter. Requests should include full

name of the individual, some type of appropriate personal

identification, and current address.

For personal visits, the individuals should be able to provide some

acceptable identification--that is, driver's license, employing

organization identification card, or other picture identification card.

RECORD ACCESS PROCEDURES:

Same as Notification procedures above.

CONTESTING RECORD PROCEDURES:

Same as Notification procedures above. The letter should state

clearly and concisely what information is being contested, the reason

for contesting it, and the proposed amendment to the information

sought.

FMC Privacy Act Regulations are promulgated in 46 CFR part 503.

RECORD SOURCE CATEGORIES:

Directly from the debtor, the initial application, credit report

from the commercial credit bureau, administrative or program offices

within FMC.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 97-24433 Filed 9-12-97; 8:45 am]

BILLING CODE 6730-01-W