[Federal Register: November 14, 2007 (Volume 72, Number 219)]
[Notices]
[Page 64050-64054]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no07-50]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2007-OS-0119]
Privacy Act of 1974; Systems of Records
AGENCY: Defense Logistics Agency, DOD.
ACTION: Notice to alter a system of records.
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SUMMARY: The Defense Logistics Agency proposes to alter a system of
records
[[Page 64051]]
notice in its existing inventory of records systems subject to the
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
December 14, 2007 unless comments are received which result in a
contrary determination.
ADDRESSES: Send comments to the Privacy Act Officer, Headquarters,
Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop
2533, Fort Belvoir, VA 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.
SUPPLEMENTARY INFORMATION: The Defense Logistics Agency systems of
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended, have been published in the Federal Register and are available
from the address above.
The proposed system reports, as required by 5 U.S.C. 552a (r), of
the Privacy Act of 1974, as amended, were submitted on November 2,
2007, to the House Committee on Oversight and Government Reform, the
Senate Committee on Homeland Security and Governmental Affairs, and the
Office of Management and Budget (OMB) pursuant to paragraph 4c of
Appendix I to OMB Circular No. A-130, ``Federal Agency Responsibilities
for Maintaining Records About Individuals,'' dated February 8, 1996
(February 20, 1996, 61 FR 6427).
S434.87 DLA-C
System name:
Debt Records for Individuals (February 22, 1993, 58 FR 10854).
Changes:
System identifier:
Delete ``DLA-C'' from entry.
System location:
Delete entry and replace with ``Financial Services and Accounting
Division, Accounting Operations Branch, Headquarters, Defense Logistics
Agency, 8725 John J. Kingman Road, Suite 2745, Fort Belvoir, VA 22060-
6221 and the Financial Services Offices at the Defense Logistics Agency
(DLA) Field Activities. Official mailing addresses are published as an
appendix to DLA's compilation of systems of records notices.''
Categories of individuals covered by the system:
Delete entry and replace with ``Current and former civilian
employees and military personnel (including those who have retired) who
are indebted to the Defense Logistics Agency. Also included are those
individuals who are indebted to other federal agencies for which DLA
has assumed collection responsibility.''
Categories of records in the system:
Delete entry and replace with ``Debtor's name, Social Security
Number (SSN), debt principal amount, interest and penalty amount, if
any, debt reason, debt status, demographic information such as grade or
rank, sex, date of birth, duty and home address, various dates
identifying the status changes occurring in the debt collection
process, documents furnished by individual concerning financial
condition, personnel actions, and requests for waiver of indebtedness.
Correspondence with other federal agencies to initiate the
collection of debts through voluntary or involuntary offset procedures
against the indebted employees' salaries or compensation due a retiree.
Correspondence with other federal agencies requesting
administrative offset from payments owed to the debtor. These records
may include individual's name, rank, date of birth, Social Security
Number (SSN), debt amount, documentation establishing overpayment
status, military pay records, financial status affidavits, credit
references, and substantiating documents such as military pay orders,
pay adjustment authorizations, military master pay account printouts,
records of travel payments, financial record data folders,
miscellaneous vouchers, debtor financial records, credit reports,
promissory notes, and debtor financial statements.
Information on U.S. Treasury Department, Internal Revenue Service
(IRS), U.S. Department of Justice, and U.S. General Accounting Office
(GAO) inquiries, judicial proceedings regarding bankruptcy, pay account
histories, and token payment information.
Applications for waiver of erroneous payment or for remission of
indebtedness with supporting documents including statements of
financial status (personal income and expenses), statements of
commanders or Defense Accounting Officers, correspondence with debtors,
or records of overpayments of Survivor Benefit Plan benefits.
Reports from probate courts regarding the estates of deceased
debtors.
Reports from bankruptcy courts regarding claims of the U.S.
Government against debtors.''
Authority for maintenance of the system:
Delete entry and replace with ``Debt Collection Act of 1982 (Pub.
L. 97-365) as amended by the Debt Collection Improvement Act of 1996
(Pub. L. 104-134); 5 U.S.C. 5514, Installment Deduction of
Indebtedness; 31 U.S.C. 3711, Collection and Compromise; 31 U.S.C.
3716, Administrative Offset; 10 U.S.C. 136; 4 CFR 101.1-105.5, Federal
Claims Collection Standards; 5 CFR 550.1101-1108, Collection by Offset
from Indebted Government Employees; Guidelines on the Relationship
Between the Privacy Act of 1974 and the Debt Collection Act of 1982,
March 30, 1983 (48 FR 15556, April, 1983); the Interagency Agreement
for Federal Salary Offset Initiative (Office of Management and Budget,
Department of the Treasury, Office of Personnel Management and the
Department of Defense, April 1987); and E.O. 9397 (SSN).''
Purpose(s):
Delete entry and replace with ``The purpose for this system of
records is to support the DLA debt management program in identifying,
recovering, and collecting debts owed by individuals to the U.S.
Government, as appropriate.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``In addition to those disclosures
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these
records or information contained therein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
To the U.S. Government Accountability Office, the U.S. Department
of Justice, Internal Revenue Service, U.S. Department of Treasury, or
other federal agencies for further collection action on any delinquent
account when circumstances warrant.
To commercial credit reporting agencies for the purpose of adding
debt payment or non-payment data to a credit history file on an
individual for use in the administration of debt collection. Delinquent
debt information may be furnished for the purpose of establishing an
inducement for debtors to pay their obligations to the U.S. Government.
To any federal agency where the debtor is employed or receiving
some type of payment from that agency for the purpose of collecting
debts owed the U.S. Government by non-centralized offset. Non-
centralized offset encompasses an offset program administered by any
federal agency
[[Page 64052]]
other than the U.S. Department of Treasury. The agency holding the
payment subject to offset will use the indebtedness information for
collection purposes after counseling the debtor. The collection may be
accomplished either voluntarily or involuntarily by initiating
administrative or salary offset procedures under the provisions of the
Debt Collection Act of 1982 (Pub. L. 97-365, as amended by Pub. L. 104-
134, the Debt Collection Improvement Act of 1996).
To the U.S. Department of Treasury (DOT) for centralized
administrative or salary offset, including the offset of federal income
tax refunds, for the purpose of collecting debts owed the U.S.
Government; to the DOT contracted private collection agencies for the
purpose of obtaining collection services, including administrative wage
garnishment (AWG) in accordance with the Debt Collection Improvement
Act of 1996 (Pub. L. 104-134), 31 U.S.C. 3720D, and 31 CFR part 285, to
recover moneys owed to the U.S. Government.
To any federal agency for the purpose of accomplishing the
administrative procedures to collect or dispose of a debt owed to the
U.S. Government. This includes, but is not limited to, the Office of
Personnel Management for personnel management functions and the
Internal Revenue Service to obtain a mailing address of a taxpayer for
the purpose of locating such taxpayer to collect or compromise a
federal claim against the taxpayer pursuant to 26 U.S.C. 1603(m)(2),
and in accordance with 31 U.S.C. 3711, 3217, and 3718. The Internal
Revenue Service may also request locator service for delinquent
accounts receivable in order to report closed out accounts as taxable
income, including amounts compromised or terminated, and accounts
barred from litigation due to age.
The DOD ``Blanket Routine Uses'' also apply to this system of
records.''
* * * * *
Retrievability:
Delete entry and replace with ``Records are retrieved by the
debtor's name and Social Security Number (SSN).''
Safeguards:
Delete entry and replace with ``Records are maintained in
controlled facilities where physical entry is restricted by the use of
locks, guards, and/or to authorized personnel only. Access to records
is limited to person(s) responsible for servicing the records in the
performance of their official duties and who are properly screened and
cleared for need-to-know.''
Retention and disposal:
Delete entry and replace with ``Records are destroyed 3 years after
final action is terminated.''
* * * * *
System manager(s) and address:
Delete entry and replace with ``Chief, Accounting Operations
Branch, Financial Services and Accounting Division, Office of
Comptroller, Headquarters, Defense Logistics Agency, 8725 John J.
Kingman Road, Suite 2745, Fort Belvoir, VA 22060-6221.''
Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the HQ DLA Privacy Act Office,
Headquarters, Defense Logistics Agency, ATTN: HQ DLA-GC (FOIA/Privacy),
8725 John J. Kingman Road, Stop 1644, Fort Belvior, VA 22060-6221 or to
the appropriate DLA Field Activity. Official mailing addresses are
published as an appendix to DLA's compilation of systems of records
notices.
Requests should include the individual's full name, Social Security
Number (SSN), address, and a telephone number where they may be
reached.''
Record access procedures:
Delete entry and replace with ``Individuals seeking access to
information about themselves contained in this system should address
written inquiries to the HQ DLA Privacy Act Office, Headquarters,
Defense Logistics Agency, ATTN: HQ DLA-GC (FOIA/Privacy), 8725 John J.
Kingman Road, Stop 1644, Fort Belvior, VA 22060-6221 or to the
appropriate DLA Field Activity. Official mailing addresses are
published as an appendix to DLA's compilation of systems of records
notices.
Requests should include the individual's full name, Social Security
Number, address, and a telephone number where they may be reached.''
* * * * *
Record source categories:
Delete entry and replace with ``Individual debtor, DLA Financial
Services Offices documents, and/or personnel offices) and documents
from other federal agencies for which DLA has assumed collection
responsibility.''
* * * * *
S434.87
System name:
Debt Records for Individuals.
System location:
Financial Services and Accounting Division, Accounting Operations
Branch, Headquarters, Defense Logistics Agency, 8725 John J. Kingman
Road, Suite 2745, Fort Belvoir, VA 22060-6221 and the Financial
Services Offices at the Defense Logistics Agency (DLA) Field
Activities. Official mailing addresses are published as an appendix to
DLA's compilation of systems of records notices.
Categories of individuals covered by the system:
Current and former civilian employees and military personnel
(including those who have retired) who are indebted to the Defense
Logistics Agency (DLA). Also included are those individuals who are
indebted to other federal agencies for which DLA has assumed collection
responsibility.
Categories of records in the system:
Debtor's name, Social Security Number (SSN), debt principal amount,
interest and penalty amount, if any, debt reason, debt status,
demographic information such as grade or rank, sex, date of birth, duty
and home address, various dates identifying the status changes
occurring in the debt collection process, documents furnished by
individual concerning financial condition, personnel actions, and
requests for waiver of indebtedness.
Correspondence with other federal agencies to initiate the
collection of debts through voluntary or involuntary offset procedures
against the indebted employees' salaries or compensation due a retiree.
Correspondence with other federal agencies requesting
administrative offset from payments owed to the debtor. These records
may include individual's name, rank, date of birth, Social Security
Number, debt amount, documentation establishing overpayment status,
military pay records, financial status affidavits, credit references,
and substantiating documents such as military pay orders, pay
adjustment authorizations, military master pay account printouts,
records of travel payments, financial record data folders,
miscellaneous vouchers, debtor financial records, credit reports,
promissory notes, and debtor financial statements.
Information on U.S. Treasury Department, Internal Revenue Service
(IRS), U.S. Department of Justice, and U.S. General Accounting Office
(GAO) inquiries, judicial proceedings regarding bankruptcy, pay account
histories, and token payment information.
[[Page 64053]]
Applications for waiver of erroneous payment or for remission of
indebtedness with supporting documents including statements of
financial status (personal income and expenses), statements of
commanders or Defense Accounting Officers, correspondence with debtors,
or records of overpayments of Survivor Benefit Plan benefits.
Reports from probate courts regarding the estates of deceased
debtors.
Reports from bankruptcy courts regarding claims of the U.S.
Government against debtors.
Authority for maintenance of the system:
Debt Collection Act of 1982 (Pub. L. 97-365), as amended by the
Debt Collection Improvement Act of 1996 (Pub. L. 104-134); 5 U.S.C.
5514, Installment Deduction of Indebtedness; 31 U.S.C. 3711, Collection
and Compromise; 31 U.S.C. 3716, Administrative Offset; 10 U.S.C. 136; 4
CFR 101.1-105.5, Federal Claims Collection Standards; 5 CFR 550.1101-
1108, Collection by Offset from Indebted Government Employees;
Guidelines on the Relationship Between the Privacy Act of 1974 and the
Debt Collection Act of 1982, March 30, 1983 (48 FR 15556, April, 1983);
the Interagency Agreement for Federal Salary Offset Initiative (Office
of Management and Budget, Department of the Treasury, Office of
Personnel Management and the Department of Defense, April 1987); and
E.O. 9397 (SSN).
Purpose(s):
The purpose for this system of records is to support the DLA debt
management program in identifying, recovering and collecting debts owed
by individuals to the U.S. Government, as appropriate.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To the U.S. Government Accountability Office, the U.S. Department
of Justice, Internal Revenue Service, U.S. Department of the Treasury,
or other federal agencies for further collection action on any
delinquent account when circumstances warrant.
To commercial credit reporting agencies for the purpose of adding
debt payment or non-payment data to a credit history file on an
individual for use in the administration of debt collection. Delinquent
debt information may be furnished for the purpose of establishing an
inducement for debtors to pay their obligations to the U.S. Government.
To any federal agency where the debtor is employed or receiving
some type of payment from that agency for the purpose of collecting
debts owed the U.S. Government by non-centralized offset. Non-
centralized offset encompasses an offset program administered by any
federal agency other than the U.S. Department of the Treasury. The
agency holding the payment subject to offset will use the indebtedness
information for collection purposes after counseling the debtor. The
collection may be accomplished either voluntarily or involuntarily by
initiating administrative or salary offset procedures under the
provisions of the Debt Collection Act of 1982 (Pub. L. 97-365, as
amended by Pub. L. 104-134, the Debt Collection Improvement Act of
1996).
To the U.S. Department of Treasury (DOT) for centralized
administrative or salary offset, including the offset of federal income
tax refunds, for the purpose of collecting debts owed the U.S.
Government; to the DOT-contracted private collection agencies for the
purpose of obtaining collection services, including administrative wage
garnishment (AWG) in accordance with the Debt Collection Improvement
Act of 1996 (Pub. L. 104-134), 31 U.S.C. 3720D, and 31 CFR part 285, to
recover moneys owed to the U.S. Government.
To any federal agency for the purpose of accomplishing the
administrative procedures to collect or dispose of a debt owed to the
U.S. Government. This includes, but is not limited to, the Office of
Personnel Management for personnel management functions and the
Internal Revenue Service to obtain a mailing address of a taxpayer for
the purpose of locating such taxpayer to collect or compromise a
federal claim against the taxpayer pursuant to 26 U.S.C. 1603(m)(2),
and in accordance with 31 U.S.C. 3711, 3217, and 3718. The Internal
Revenue Service may also request locator service for delinquent
accounts receivable in order to report closed out accounts as taxable
income, including amounts compromised or terminated, and accounts
barred from litigation due to age.
The DOD ``Blanket Routine Uses'' also apply to this system of
records.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this
system to `consumer reporting agencies' as defined in the Fair Credit
Reporting Act (14 U.S.C. 1681a(f)) or the Federal Claims Collection Act
of 1966 (31 U.S.C. 3701(a)(3)). The purpose of this disclosure is to
aid in the collection of outstanding debts owed to the Federal
government; typically to provide an incentive for debtors to repay
delinquent Federal government debts by making these debts part of their
credit records.
The disclosure is limited to information necessary to establish the
identity of the individual, including name, address, and taxpayer
identification number (Social Security Number); the amount, status, and
history of the claim; and the agency or program under which the claim
arose for the sole purpose of allowing the consumer reporting agency to
prepare a commercial credit report.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on paper in file folders.
Retrievability:
Records are retrieved by the debtor's name and Social Security
Number (SSN).
Safeguards:
Records are maintained in controlled facilities where physical
entry is restricted by the use of locks, guards, and/or to authorized
personnel only. Access to records is limited to person(s) responsible
for servicing the records in the performance of their official duties
and who are properly screened and cleared for need-to-know.
Retention and disposal:
Records are destroyed 3 years after final action is terminated.
System manager(s) and address:
Chief, Accounting Operations Branch, Financial Services and
Accounting Division, Office of Comptroller, Headquarters, Defense
Logistics Agency, 8725 John J. Kingman Road, Suite 2745, Fort Belvoir,
VA 22060-6221.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the HQ DLA Privacy Act Office, Headquarters, Defense Logistics
Agency, ATTN: HQ DLA-GC (FOIA/Privacy), 8725 John J. Kingman Road, Stop
1644, Fort Belvior, VA 22060-6221 or to the appropriate DLA Field
Activity. Official mailing
[[Page 64054]]
addresses are published as an appendix to DLA's compilation of systems
of records notices.
Requests should include the individual's full Social Security
Number, address, and a telephone number where they may be reached.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the HQ DLA
Privacy Act Office, Headquarters, Defense Logistics Agency, ATTN: HQ
DLA-GC (FOIA/Privacy), 8725 John J. Kingman Road, Stop 1644, Fort
Belvior, VA 22060-6221 or to the appropriate DLA Field Activity.
Official mailing addresses are published as an appendix to DLA's
compilation of systems of records notices.
Requests should include the individual's full Social Security
Number, address, and a telephone number where they may be reached.
Contesting record procedures:
The DLA rules for accessing records, for contesting contents, and
appealing initial agency determinations are contained in 32 CFR part
323, or may be obtained from the HQ DLA Privacy Act Office,
Headquarters, Defense Logistics Agency, ATTN: HQ DLA-GC (FOIA/Privacy),
8725 John J. Kingman Road, Stop 1644, Fort Belvior, VA 22060-6221.
Record source categories:
Individual debtor, DLA Financial Services Offices documents, and/or
personnel offices) and documents from other federal agencies for which
DLA has assumed collection responsibility.
Exemptions claimed for the system:
None.
Dated: November 6, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-22252 Filed 11-13-07; 8:45 am]
BILLING CODE 5001-06-P