# Privacy Act of 1974; Proposed New System of Records > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-24433 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** September 15, 1997 - **Citation:** 62 FR 48288 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-24433. Public record. Not legal advice.