[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Notices]
[Pages 67534-67537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32332]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Privacy Act of 1974; Notice to Add a Record System
AGENCY: Defense Finance and Accounting Service, DOD.
ACTION: Notice to add a record system.
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SUMMARY: The Defense Finance and Accounting Service proposes to add a
system of records notice to its inventory of record systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The addition will be effective on January 22, 1997, unless
co,mments are received that would result in a contrary determination.
ADDRESSES: Send comments to Administrative Policy and Support, Defense
Finance and Accounting Service, Room 416, Arlington, VA 22240-5291
FOR FURTHER INFORMATION CONTACT: Ms. Genevieve Turney at (703) 607-
5165.
SUPPLEMENTARY INFORMATION:
The proposed system report, as required by 5 U.S.C. 522a(r) of the
Privacy Act of 1974, as amended, was submitted on December 10, 1996, to
the Committee on Government Reform and Oversight of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
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).
Dated: December 16, 1996.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DEFENSE FINANCE AND ACCOUNTING SERVICE
REQUESTING RECORDS
Records are retrieved by name or by some other personal identifier.
It is therefore especially important for expeditious service when
requesting a record that particular attention be provided to the
Notification and/or Access Procedures of the particular record system
involved so as to furnish the required personal identifiers, or any
other pertinent personal information as may be required to locate and
retrieve the record.
BLANKET ROUTINE USES
Certain `blanket routine uses' of the records have been established
that are applicable to every record system maintained within the
Department of Defense unless specifically stated otherwise within a
particular record system. These additional blanket routine uses of the
records are published below only once in the interest of simplicity,
economy and to avoid redundancy.
LAW ENFORCEMENT ROUTINE USE
In the event that a system of records maintained by this component
to carry out its functions indicates a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether Federal,
state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, rule, regulation or order issued pursuant
thereto.
DISCLOSURE WHEN REQUESTING INFORMATION ROUTINE USE
A record from a system of records maintained by this component may
be disclosed as a routine use to a Federal, state, or local agency
maintaining civil, criminal, or other relevant enforcement information
or other pertinent information, such as current licenses, if necessary
to obtain information relevant to a component decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the
[[Page 67535]]
letting of a contract, or the issuance of a license, grant or other
benefit.
DISCLOSURE OF REQUESTED INFORMATION ROUTINE USE
A record from a system of records maintained by this component may
be disclosed to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
CONGRESSIONAL INQUIRIES ROUTINE USE
Disclosure from a system of records maintained by this component
may be made to a Congressional office from the record of an individual
in response to an inquiry from the Congressional office made at the
request of that individual.
PRIVATE RELIEF LEGISLATION ROUTINE USE
Relevant information contained in all systems of records of the
Department of Defense published on or before August 22, 1975, may be
disclosed to the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular A-19
at any stage of the legislative coordination and clearance process as
set forth in that Circular.
DISCLOSURES REQUIRED BY INTERNATIONAL AGREEMENTS ROUTINE USE
A record from a system of records maintained by this component may
be disclosed to foreign law enforcement, security, investigatory, or
administrative authorities in order to comply with requirements imposed
by, or to claim rights conferred in, international agreements and
arrangements including those regulating the stationing and status in
foreign countries of Department of Defense military and civilian
personnel.
DISCLOSURE TO STATE AND LOCAL TAXING AUTHORITIES ROUTINE USE
Any information normally contained in IRS Form W-2 which is
maintained in a record from a system of records maintained by this
component may be disclosed to state and local taxing authorities with
which the Secretary of the Treasury has entered into agreements
pursuant to Title 5, U.S. Code, Sections 5516, 5517, 5520, and only to
those state and local taxing authorities for which an employee or
military member is or was subject to tax regardless of whether tax is
or was withheld. This routine use is in accordance with Treasury Fiscal
Requirements Manual Bulletin Number 76-07.
DISCLOSURE TO THE OFFICE OF PERSONNEL MANAGEMENT ROUTINE USE
A record from a system of records subject to the Privacy Act and
maintained by this component may be disclosed to the Office of
Personnel Management concerning information on pay and leave, benefits,
retirement deductions, and any other information necessary for the
Office of Personnel Management to carry out its legally authorized
Government-wide personnel management functions and studies.
DISCLOSURE TO THE DEPARTMENT OF JUSTICE FOR LITIGATION ROUTINE USE
A record from a system of records maintained by this component may
be disclosed as a routine use to any component of the Department of
Justice for the purpose of representing the Department of Defense, or
any officer, employee or member of the Department in pending or
potential litigation to which the record is pertinent.
DISCLOSURE TO MILITARY BANKING FACILITIES OVERSEAS ROUTINE USE
Information as to current military addresses and assignments may be
provided to military banking facilities who provide banking services
overseas and who are reimbursed by the Government for certain checking
and loan losses. For personnel separated, discharged, or retired from
the Armed Forces, information as to last known residential or home of
record address may be provided to the military banking facility upon
certification by a banking facility officer that the facility has a
returned or dishonored check negotiated by the individual or the
individual has defaulted on a loan and that if restitution is not made
by the individual, the U.S. Government will be liable for the losses
the facility may incur.
DISCLOSURE OF INFORMATION TO THE GENERAL SERVICES ADMINISTRATION
ROUTINE USE
A record from a system of records maintained by this component may
be disclosed as a routine use to the General Services Administration
for the purpose of records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
DISCLOSURE OF INFORMATION TO THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION ROUTINE USE
A record from a system of records maintained by this component may
be disclosed as a routine use to the National Archives and Records
Administration for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906.
DISCLOSURE TO THE MERIT SYSTEMS PROTECTION BOARD ROUTINE USE
A record from a system of records maintained by this component may
be disclosed as a routine use to the Merit Systems Protection Board,
including the Office of the Special Counsel for the purpose of
litigation, including administrative proceedings, appeals, special
studies of the civil service and other merit systems, review of OPM or
component rules and regulations, investigation of alleged or possible
prohibited personnel practices; including administrative proceedings
involving any individual subject of a DOD investigation, and such other
functions, promulgated in 5 U.S.C 1205 and 1206, or as may be
authorized by law.
COUNTERINTELLIGENCE PURPOSES ROUTINE USE
A record from a system of records maintained by this component may
be disclosed as a routine use outside the DOD or the U.S. Government
for the purpose of counterintelligence activities authorized by U.S.
Law or Executive Order or for the purpose of enforcing laws which
protect the national security of the United States.
T7332
System name:
Defense Debt Management System.
System location:
Primary location: Defense Finance and Accounting Service-Denver
Center, 6760 East Irvington Place, Denver, CO 80279-8000.
Defense Finance and Accounting Service-Indianapolis Center, 8899
East 56th Street, Indianapolis, IN 46249-1460;
Defense Finance and Accounting Service-Columbus Center, 4280 East
5th Avenue, Building 3, Columbus, OH 43218-2317;
[[Page 67536]]
Defense Finance and Accounting Service-Cleveland Center, 1240 East
9th Street, Cleveland, OH 44199-2056;
Defense Finance and Accounting Service-Kansas City Center, 1500
East Bannister Road, Kansas City, MO 64197-0001;
Defense Accounting Offices at military bases and at National Guard
activities, and Reserve units of all the military services. Official
mailing address can be obtained from the Chief, Debt Management Systems
Division, Directorate of Debt and Claims Management, Defense Finance
and Accounting Service-Denver Center, 6760 East Irvington Place,
Denver, CO 80279-8000.
Categories of individuals covered by the system:
Contractors, former members of the Armed Forces (separated and
retired members), former civilian employees (separated), and any other
individuals who are indebted to a Department of Defense (DoD) agency
that has transferred debts to the Defense Debt Management System
serviced by the Defense Finance and Accounting Service. EXCLUSION: This
system does not include current and retired DoD civilian employees or
active duty and reserve military personnel.
Categories of records in the system:
Information varies depending on the debtor and the related history
of debt collection activity. Normally, the name, taxpayer
identification number, address, amount of debt or delinquent amount,
basis of the debt, date debt arose, office referring debt, collection
efforts, credit reports, debt collection letters, and correspondence to
or from the debtor relating to the debt.
Correspondence with employing agencies of debtors requesting that
action begin to collect the delinquent debt through voluntary or
involuntary offset procedures against the employees' salary or
compensation due a retiree.
Correspondence with other agencies requesting offset from payments
due the debtor. These records may include individuals 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) and 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 members
and employees, or overpayments of Survivor Benefit Plan (SBP) benefits.
Delinquent accounts receivable from field Defense Accounting
Officers including returned checks, medical services billings,
collection records, and summaries of military investigations.
Reports from probate courts regarding estates of deceased members.
Reports from bankruptcy courts regarding claims of the U.S.
Government against debtors.
Correspondence between contracting officer, administrative
contracting officer, or a DFAS center and contractor, that terminates a
contract, demands payment, and establishes debt, and any other related
papers.
Authority for maintenance of the system:
5 U.S.C. 301, 5512, 5513, 5514, and 5584; 10 U.S.C. 1442, 1453,
2774, 2775, 9835; 31 U.S.C. 3325, 3342, 3526, 3702, 3711, 3716-3718; 32
U.S.C. 710, 716; 37 U.S.C. 1007(c); 40 U.S.C. 721, 723, 725, 726, 727,
728, 729; 49 U.S.C. 3101 Chapter 1 et. seq.; Pub.L. 97-365, as amended
by Pub.L. 104-134; Pub.L. 89-508; E.O. 9397; and DoD 7000.14-R,
Department of Defense Financial Management Regulation, Volume 5, Part
Two.
Purpose(s):
For the administrative management and collection of all delinquent
debts, including past due loan payments, overpayments, fines, interest,
penalties, fees, damages, leases, sales of real or personal property,
etc., due to the DoD and debts due to other Federal departments and
agencies of the U.S. Government that may be referred to the DoD for
collection.
To provide for the implementation of the salary offset (SOL is 10
years) provisions of 5 U.S.C. 5514, the administrative offset
provisions of 31 U.S.C. 3711 and 3716-3718 and the provisions of the
Federal Claims Collection Standards (FCCS), which applies to personal
debts.
To permit collection of delinquent claims and debts owed to the
U.S. Government under any program or service administered by any
creditor DoD operating administration or component thereof.
To maintain and distribute a list of contractors indebted to the
U.S. Government, and to initiate collection against a contractor which
is indebted to the U.S. Government, and to determine whether judicial
proceedings should be initiated against the contractor. Guidance
regarding contract debts is contained in the Federal Acquisition
Regulation, and the Financial Management Regulation (DoD 7000.14-R),
volume 10.
To determine the validity of waivers or to make referrals to the
Government Accounting Office (GAO).
To maintain records of investigations conducted for the purpose of
confirmation, cancellation, and remission of debt, waivers, and other
determinations regarding the accuracy and validity of a debt.
All records in this system are subject to use in authorized
computer matching programs within DoD and with other Federal agencies
or non-Federal agencies as regulated by the Privacy Act of 1974 (5
U.S.C. 552a) as amended.
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. General Accounting Office (GAO), the Department of
Justice, and the United States Attorney General, or other Federal
agencies for further collection action on any delinquent account when
circumstances warrant.
To commercial credit reporting agencies for the purpose of either
adding to a credit history file on an individual or business entity for
use in the administration of debt collection. Delinquent debt
information may be furnished for purposes of providing an inducement
for debtors to pay their obligations to the Federal government.
To any Federal agency where the debtor is employed or receiving
some type of payment for the purpose of enabling that agency to collect
a debt owed the U.S. Government on behalf of the agency by counseling
the debtor for voluntary repayment or 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).
To any other Federal agency including, but not limited to the
Internal
[[Page 67537]]
Revenue service (IRS) pursuant to 31 U.S.C. 3720A, for the purpose of
effecting an administrative offset against the debtor for a delinquent
debt owed the U.S. Government by the debtor.
To the Department of Veteran Affairs for administration of laws
pertaining to veterans' benefits.
To any other Federal agency for the purpose of administrative
offset of a debt, including but not limited to the Office of Personnel
Management for personnel management functions, or the IRS 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; to obtain locator status for delinquent accounts receivable;
to report write-off amounts as taxable income as pertains to amounts
compromised and accounts barred from litigation due to age; and to
provide for offset of tax refunds.
To any other Federal, state, or local agency for the purpose of
conducting an authorized computer matching program to identify and
locate delinquent debtors for recoupment of debts owed the DoD or one
of its components.
To commercial collection agencies for the purpose of collection
services to recover moneys owed to the U.S. Government.
To publish or otherwise publicly disseminate information regarding
the identity of the debtor and the existence of the nontax debt,
subject to review by the Secretary of the Treasury.
The `Blanket Routine Uses' published at the beginning of the DFAS
compilation of record system notices also apply to this system.
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 maintained on computer disks, magnetic tape,
microfiche, and paper file folders. Computer disks, magnetic tape,
microfiche, and paper file folders.
Retrievability:
Retrieved by name, Taxpayer Identification Number, other
identification number or system identifier, or name of accountable
disbursing office in whose custody the public funds were entrusted when
the debt arose.
Safeguards:
Records are accessed by the custodian of the record system and by
personnel responsible for servicing the record system in performance of
their official duties. Records are stored in locked cabinets or rooms,
or in guarded buildings.
Retention and disposal:
All cases will remain active until settled by full payment, waiver
or write-off. The system contains records requiring a retention period
of up to 10 years after final action. Records are retired to National
Records Centers. Destruction is accomplished by tearing, shredding,
pulping, macerating, or burning.
System manager(s) and address:
Defense Finance and Accounting Service - Indianapolis Center, 8899
East 56th Street, Indianapolis, IN 46249-1460;
Defense Finance and Accounting Service - Columbus Center, 4280 East
5th Avenue, Building 3, Columbus, OH 43218-2317;
Defense Finance and Accounting Service - Cleveland Center, 1240
East 9th Street, Cleveland, OH 44199-2056;
Defense Finance and Accounting Service - Denver Center, 6760 East
Irvington Place, Denver, CO 80279-8000;
Defense Finance and Accounting Service - Kansas City Center, 1500
East Bannister Road, Kansas City, MO 64197-0001.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Privacy Act Officer at the appropriate DFAS Center identified
under `System manager'.
Individual should furnish name, taxpayer identification number
(Social Security Number), or other identifying information verifiable
from the records.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Privacy Act Officer at the appropriate DFAS Center identified under
`System manager'.
Individual should furnish name, taxpayer identification number
(Social Security Number), or other information verifiable from the
records itself.
Contesting record procedures:
The DFAS rules for accessing records, for contesting contents and
appealing initial agency determinations are published in DFAS
Regulation 5400.11-R; 32 CFR part 324; or may be obtained from the
Privacy Act Officer at any DFAS Center.
Record source categories:
Records are obtained from the debtor, DFAS centers, other DoD
organizations, and agencies of Federal state, and local governments, as
applicable or appropriate for processing the case.
Exemptions claimed for the system:
None.
[FR Doc. 96-32332 Filed 12-19-96; 8:45 am]
BILLING CODE 5000-04-F
