[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Notices]
[Pages 49011-49013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24761]
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Privacy Act of 1974; New System of Records
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Notice of new system of collection records.
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SUMMARY: The Executive Director of the Federal Retirement Thrift
Investment Board (Board) is proposing a new system of records, FRTIB-
12, Collection Records, consisting of records on individuals who are
indebted to the Board, a Federal agency, or a Government corporation.
These records will be used in collection actions against the debtors.
DATES: Comments must be received no later than October 20, 1997. The
proposed notice will be effective November 3, 1997, unless the Board
receives comments which would result in a different determination.
ADDRESS: Comments may be sent to Thomas L. Gray, Assistant General
Counsel for Administration, Federal Retirement Thrift Investment Board,
1250 H Street, NW, Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: Thomas L. Gray, Assistant General
Counsel for Administration, (202) 942-1662. FAX (202) 942-1676.
SUPPLEMENTARY INFORMATION: The Board initially published notice of its
systems of records in the Federal Register on April 14, 1987 (52 FR
12065). This notice was finalized in the Federal Register on May 7,
1990 (55 FR 18949).
The information collected under the proposed new system of records,
FRTIB-12, may be used to collect delinquent debts owed to the Board, a
Federal agency, or a Government corporation in accordance with the Debt
Collection Improvement Act of 1996, Pub. L. 104-134, 110 Stat. 1321,
the Federal Claims Collection Act of 1966, Pub. L. 89-508, 80 Stat.
308, the Debt Collection Act of 1982, Pub. L. 97-365, 96 Stat. 1749,
and 31 U.S.C. 3720A. Under these laws, debts to the Board may be offset
against a Federal employee's salary, or against other funds owed the
debtor by the Board, a Federal agency, a Government corporation, or
against a Federal income tax refund. In addition, the Board may collect
debts owed to the Board by entering into a cross-servicing debt-
collection agreement with the Department of the Treasury, by
contracting with a private collection agency, and by notifying credit
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reporting agencies of the delinquent debt. The information collected
under the proposed new system of records will not be used to offset
debts from net assets available for Thrift Savings Plan (TSP) benefits;
TSP accounts are held in trust by the Board for participants and
beneficiaries and are subject to a strict antialienation and
antiassignment provision. This system of records is in support of the
Board's claims collection program set out in part 1639 of title 5, Code
of Federal Regulations.
Roger W. Mehle,
Executive Director, Federal Retirement Thrift Investment Board.
FRTIB-12
SYSTEM NAME:
Collection Records.
SYSTEM LOCATION:
Federal Retirement Thrift Investment Board, 1250 H Street NW,
Washington, DC 20005.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records are maintained on individuals and entities that are
financially indebted to the Board, a Federal agency, or a Government
corporation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information varies depending on the individual debtor, the type of
indebtedness, and the agency or program to which monies are owed. The
system of records contains information pertaining to: (1) Individuals
and commercial organizations, such as name, Taxpayer Identification
Number (i.e., Social Security Number or Employer Identification
Number), work and home addresses, and work and home telephone numbers;
(2) the indebtedness, such as the original amount of the debt, the date
the debt originated, the amount of the delinquency/default, the date of
delinquency/default, basis of the debt, amounts accrued for interest,
penalties, and administrative costs, and payments on the account; (3)
actions taken to recover the debt, such as copies of demand letters/
invoices, and documents required for the referral of accounts to
collection agencies, or for litigation; and (4) debtor and creditor
agencies, such as name, telephone number, and address of the agency
contact.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474.
PURPOSE:
The purpose of this system is to maintain a record of individuals
and entities that are indebted to the Board, a Federal agency, or a
Government corporation. The records ensure that: Appropriate collection
action on debtors' accounts is taken and properly tracked, monies
collected are credited, and funds are returned to the Board or
appropriate agency at the time the account is collected or closed.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used to
disclose information to:
1. Appropriate Federal, state, and local agencies responsible for
investigating or implementing a statute, rule, regulation, order, or
license;
2. The Financial Management Service (FMS) of the Department of the
Treasury to allow that agency to act for the Board to enforce
collection of delinquent debts owed to the Board or the Thrift Savings
Fund.
3. 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 court-ordered subpoena or in connection
with criminal or civil proceedings;
4. A congressional office in order to respond to communications
from that office;
5. The Internal Revenue Service for the purposes of: Effecting an
administrative offset against the debtor's tax refund to recover a
delinquent debt owed the Board or the Thrift Savings Fund; or obtaining
the mailing address of a taxpayer/debtor in order to locate the
taxpayer/debtor to collect or compromise a Federal claim against the
taxpayer/debtor;
6. The Department of Justice for the purpose of litigating to
enforce collection of a delinquent debt or to obtain the Department of
Justice's concurrence in a decision to compromise, suspend, or
terminate collection action on a debt with a principal amount in excess
of $100,000 or such higher amount as the Attorney General may, from
time to time, prescribe in accordance with 31 U.S.C. 3711(a).
7. The Department of the Treasury, Department of Defense, United
States Postal Service, another Federal agency, or a Government
corporation for the purpose of conducting an authorized computer
matching program in compliance with the Privacy Act of 1974, as
amended, so as to identify and locate individuals receiving Federal
payments (including, but not limited to, salaries, wages, and benefits)
for the purpose of requesting voluntary repayment or implementing
Federal employee salary offset or administrative offset procedures;
8. The Department of the Treasury, Department of Defense, United
States Postal Service, another Federal agency, a Government
corporation, or any disbursing official of the United States for the
purpose of effecting an administrative offset against Federal payments
certified to be paid to the debtor to recover a delinquent debt owed to
the Board, the Thrift Savings Fund, or another Federal agency or
department by the debtor; and
9. Any creditor Federal agency or Government corporation seeking
assistance for the purpose of obtaining voluntary repayment of a debt
or implementing Federal employee salary offset or administrative offset
in the collection of an unpaid financial obligation.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Debt information concerning claims of the Board and the Thrift
Savings Fund is also furnished in accordance with 5 U.S.C. 552a(b)(12)
and section 3 of the Debt Collection Act of 1982, as amended (Pub. L.
97-365), to consumer reporting agencies, as defined by the Fair Credit
Reporting Act, 15 U.S.C. 1681a(f), to encourage repayment of an overdue
debt.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders in office file
cabinets.
RETRIEVABILITY:
These records are indexed by the names, Social Security numbers, or
contract numbers of participants, employees, contractors, or other
persons who may receive monies paid to them by the Board.
SAFEGUARDS:
Access to and use of these records is restricted to those persons
whose official duties require such access.
RETENTION AND DISPOSAL:
Hard-copy records are returned to the Board which has an agreement
for servicing and collection of the debt with Financial Management
Services. Files are destroyed when 6 years and 3 months old, unless
they are subject to litigation in which case they are destroyed when a
court order requiring that the file be retained allows the file
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to be destroyed or litigation involving the file is concluded.
SYSTEM MANAGER(s) AND ADDRESS:
Associate General Counsel, Federal Retirement Thrift Investment
Board, 1250 H Street, NW, Washington, DC 20005.
NOTIFICATION PROCEDURE:
Inquiries under the Privacy Act of 1974 should be addressed to the
Privacy Act Officer, Federal Retirement Thrift Investment Board, 1250 H
Street, NW, Washington, DC 20005. 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 the Board or FMS will process the record
request.
RECORD ACCESS PROCEDURES:
Individuals requesting information under the Privacy Act of 1974
concerning procedures for gaining access or contesting records should
write to the Privacy Act Officer. All individuals are urged to examine
the regulations at 5 CFR part 1630 concerning Board requirements with
respect to the Privacy Act of 1974.
CONTESTING RECORD PROCEDURES:
See ``Record Access Procedures'' above.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individual or entity, the Board, creditor agencies, Federal employing
agencies, Government corporations, collection agencies, credit bureaus,
and Federal, state, and local agencies furnishing identifying
information.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 97-24761 Filed 9-17-97; 8:45 am]
BILLING CODE 6760-01-P
