[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9185-9187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4129]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2010-OS-0020]
Privacy Act of 1974; System of Records
AGENCY: Defense Logistics Agency, DoD.
ACTION: Notice to amend a system of records.
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SUMMARY: The Defense Logistics Agency is proposing to amend a system of
records notice in its existing inventory of record systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The proposed action will be effective without further notice on
March 31, 2010 unless comments are received which would result in a
contrary determination.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.
SUPPLEMENTARY INFORMATION: The Defense Logistics Agency's system of
record 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 Chief Privacy and FOIA Officer, Headquarters Defense Logistics
Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir,
VA 22060-6221.
The specific changes to the record system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendment is not within the purview of
subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended,
which requires the submission of new or altered systems reports.
Dated: February 23, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
S434.87
SYSTEM NAME:
Debt Records for Individuals (November 14, 2007; 72 FR 64050)
CHANGES:
* * * * *
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) Primary Level Field Activities. Official mailing addresses can be
obtained from the System Manager identified below.''
* * * * *
NOTIFICATION PROCEDURE:
Delete entry and replace with ``Individuals seeking to determine
whether information about themselves is contained in this system of
records should address written inquiries to the Privacy Office,
Headquarters, Defense Logistics Agency, ATTN: DGA, 8725 John J. Kingman
Road, Suite 1644, Fort Belvoir, VA 22060-6221.
Requests should include the individuals full name, Social Security
Number (SSN), mailing 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 of records should
address written inquiries to the Privacy Office, Headquarters, Defense
Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644,
Fort Belvoir, VA 22060-6221.
Requests should include the individuals full name, Social Security
Number (SSN), mailing address, and a telephone number where they may be
reached.''
CONTESTING RECORD PROCEDURES:
Delete entry and replace with ``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 Privacy Office, Headquarters, Defense Logistics Agency, ATTN:
DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-
6221.''
* * * * *
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) Primary Level
Field Activities. Official mailing addresses can be obtained from the
System Manager identified below.
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:
Debtors 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,
phone number, 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.
[[Page 9186]]
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:
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), as amended.
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 of 1974, these records 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 the 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'' 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 of records 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).
[[Page 9187]]
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 of records should address
written inquiries to the Privacy Office, Headquarters, Defense
Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644,
Fort Belvoir, VA 22060-6221.
Requests should include the individuals full name, Social Security
Number (SSN), mailing address, and a telephone number where they may be
reached.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Privacy Office, Headquarters, Defense Logistics Agency, ATTN: DGA,
8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
Requests should include the individuals full name, Social Security
Number (SSN), mailing 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 Privacy Office, Headquarters, Defense
Logistics Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644,
Fort Belvoir, VA 22060-6221.
RECORD SOURCE CATEGORIES:
Individual debtor, DLA Financial Services Offices documents,
personnel offices, and documents from other Federal agencies for which
DLA has assumed collection responsibility.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2010-4129 Filed 2-26-10; 8:45 am]
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