[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16793-16795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8962]
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DEPARTMENT OF DEFENSE
Defense Finance and Accounting Service
Privacy Act of 1974; System of Record
AGENCY: Defense Finance and Accounting Service, DOD.
ACTION: Notice to alter a record system.
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SUMMARY: The Defense Finance and Accounting Service proposes to alter a
system of records notice in its inventory of record systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The alteration will be effective on May 8, 1997, unless comments
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 March 28, 1997, to
the House Committee on Government Reform and Oversight, the Senate
Committee on 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).
Dated: April 3, 1997.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
T7332
System name:
Defense Debt Management System (December 23, 1996, 61 FR 67534).
Changes:
* * * * *
Categories of individuals covered by the system:
Delete entry and replace with `Contractors and individuals who are
indebted to a Department of Defense (DoD) agency that have transferred
debts to the Defense Debt Management System serviced by the Defense
Finance and Accounting Service. EXCLUSION: This system does not include
individuals or contractors who are indebted to a DoD agency and who
have been identified as currently receiving pay from DoD.'
* * * * *
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;
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 95th Street, 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 and individuals who are indebted to a Department of
Defense (DoD) agency that have transferred debts to the Defense Debt
Management System serviced by the Defense Finance and Accounting
Service. EXCLUSION: This system does not include individuals or
contractors who are indebted to a DoD agency and who have been
identified as currently receiving pay from DoD.
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
[[Page 16794]]
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 (SSN); 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 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.
[[Page 16795]]
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:
Chief, Debt Management Systems Division, Directorate of Debt and
Claims Management, Defense Finance and Accounting Service -
Indianapolis Center, 8899 East 56th Street, Indianapolis, IN 46249-
1460;
Chief, Debt Management Systems Division, Directorate of Debt and
Claims Management, Defense Finance and Accounting Service - Columbus
Center, 4280 East 5th Avenue, Building 3, Columbus, OH 43218-2317;
Chief, Debt Management Systems Division, Directorate of Debt and
Claims Management, Defense Finance and Accounting Service - Cleveland
Center, 1240 East 9th Street, Cleveland, OH 44199-2056;
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;
Chief, Debt Management Systems Division, Directorate of Debt and
Claims Management, Defense Finance and Accounting Service - Kansas City
Center, 1500 East 95th Street, 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. 97-8962 Filed 4-7-97; 8:45 am]
BILLING CODE 5000-04-F
