Privacy Act of 1974; System of Records, 9185-9187 [2010-4129]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9185-9187]
From the Federal Register Online via the Government Printing 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: https://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 https://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]
BILLING CODE 5001-06-P