[Federal Register: August 16, 1999 (Volume 64, Number 157)]
[Notices]
[Page 44511-44512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au99-56]


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COMMODITY FUTURES TRADING COMMISSION


Privacy Act of 1974: System of Records

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of new system of records and proposed routine uses.

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SUMMARY: This notice adds a new system of records to the Commission's
systems of records under the Privacy Act. The new system contains
information necessary to collect debts arising from civil monetary
penalties and orders of restitution and disgorgement imposed in
administrative or injunctive actions. The Commission is proposing that,
as a routine use, debt collection records may be forwarded to the
Department of the Treasury or the Department of Justice for further
collection action.

DATES: Comments on the establishment of the new system of records must
be received no later than September 15, 1999. The new system of records
will be effective September 27, 1999, unless the Commission receives
comments which would result in a contrary determination.

ADDRESSES: Comments should be addressed to Jean A. Webb, Secretary,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
St. NW, Washington, DC 20581. Comments may be sent via electronic mail
to [email protected]

FOR FURTHER INFORMATION CONTACT: Stacy Dean Yochum, Office of the
Executive Director, (202) 418-5157, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC
20581.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, and the Commission's implementing regulations, 17 CFR
part 146, the Commission is publishing a description of a new system of
records. The new system contains records related to the activities the
Commission engages in to collect debts incurred as civil monetary
penalties or orders of restitution or disgorgement through
administrative or injunctive enforcement actions. The information
maintained in the system or records is necessary to collect delinquent
debts in accordance with the Debt Collection Act of 1982, as amended by
the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701, et seq.
    This new system of records, as required by 5 U.S.C. 552a(r) of the
Privacy Act, has been submitted to the Committee on Government
Oversight and Reform of the U.S. House of Representatives, the
Committee on Governmental Affairs of the U.S. Senate, and the Office of
Management and Budget, pursuant to Appendix I to OMB Circular A-130,
``Federal Agency Responsibilities for Maintaining Records About
Individuals,'' dated July 15, 1994. Accordingly, the Commission is
giving notice of the establishment of the following system of records:
CFTC-42

SYSTEM NAME:
    Debt Collection Files.

SYSTEM LOCATION:
    Division of Trading and Markets, Three Lafayette Centre, 1155 21st
St. NW, Washington, DC 20581.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who owe a civil monetary penalty to the Commodity
Futures Trading Commission or who have not complied with an order of
restitution or disgorgement resulting from an administrative or
injunctive enforcement actions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Debt collection letters and correspondence to and from the debtor
and others related to the debt. The files will generally contain
information including the name and address of the debtor, the
taxpayer's identification number (which may be the social security
number); records of each collection made; and notice(s) to the debtor
demanding payment and describing the consequences of non-payment. The
files may also contain credit reports; reports of asset searches;
copies of income tax returns; financial statements reflecting the net
worth of the debtor; if applicable, date by which the debt must be
referred to the Department of the Treasury or Department of Justice for
further collection action; documentation of judgments or liens; and
citation or basis on which the debt was terminated or compromised.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    31 U.S.C. 3701, et seq.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM:
    Including categories of User and the Purpose of Such Uses: In
addition to the Commission's ``General Statement of Routine Uses,'' (64
FR 33829), the records regarding the debt and the actions taken to
collect the monies may be forwarded to the Department of the Treasury
or the Department of Justice for further collection action. Once the
records are forwarded to the Department of the Treasury, they are
covered by the Treasury/Financial Management Services System 014, Debt
Collection Operations. If the records are forwarded to the Department
of Justice, they are covered by the Department's system JMD-006, Debt
Collection Management System. Information about the delinquent debt may
be disclosed to consumer or commercial reporting agencies as required
by 31 U.S.C. 3711(e) and 4 CFR part 102. Reporting may be done directly
by the Commission or through the Department of the Treasury upon
referral of the delinquent debt for further collection action.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records stored in files; computer database.

RETRIEVABILITY:
    Records are retrievable by CFTC docket number and by the name of
the debtor.

SAFEGUARDS:
    In addition to general building security, paper records are
maintained in areas accessible only to authorized personnel. Computer
security measures limit access to electronic data.

RETENTION AND DISPOSAL:
    In accordance with General Records Schedule 6.

SYSTEM MANAGERS AND ADDRESS:
    Robert P. Shiner, Assistant Director, Division of Trading and
Markets, Three Lafayette Centre, 1155 21st street, NW, Washington, DC
20581.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether the system of records
contains information about themselves, seeking access to records about
themselves in the system of records or contesting the content of
records about themselves should address written inquiries to the FOI,
Privacy and Sunshine Acts Compliance Staff, Commodity Futures Trading
Commission, 1155 21st Street, NW, Washington, DC 20581.

RECORD ACCESS PROCEDURES:
    See ``Notification Procedures,'' above.

CONTESTING RECORD PROCEDURES:
    See ``Notification Procedures,'' above.

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RECORD SOURCE CATEGORIES:
    Commission orders, judicial orders, debtors, credit reports from
commercial credit bureaus, asset search databases, Department of the
Treasury, Department of Justice.

    Issued in Washington, DC on August 10, 1999.

    By the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99-21202 Filed 8-15-99; 8:45 am]
BILLING CODE 6351-01-M


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