[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

[[Page 49012]]

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

[[Page 49013]]

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