Indebtedness of Military Personnel

Federal RegisterJan 5, 1995

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 43a, 112, and 113

[DoD Directive 1344.9 and DoD Instruction 1344.12]

RIN 0790-AF65 and RIN 0790-AF80

Indebtedness of Military Personnel

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: 5 U.S.C. 5520a(k) required the Department of Defense to

``promulgate regulations'' by April 4, 1994 for the involuntary

allotment of pay from members of the Armed Forces for debts reduced to

judgments. The Department published its proposed rule in the Federal

U.S.C. 5520a(k) by promulgating regulations with regard to members of

the Armed Forces which include provisions for the involuntary allotment

of the pay of a member of the Armed Forces for indebtedness owed a

third party as determined by the final judgment of a court of competent

jurisdiction, and as further determined by competent military or

executive authority, as appropriate, to be in compliance with the

procedural requirements of the Soldiers' and Sailors' Civil Relief Act

of 1940; and which gives consideration for the absence of a member of

the Armed Forces from an appearance in a judicial proceeding resulting

from exigencies of military duty.

EFFECTIVE DATE: January 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Major Alan L. Cook, (703) 697-3387.

SUPPLEMENTARY INFORMATION: Following publication of the Department of

Defense's proposed rule, the Department received several public

comments. After review of the comments, the Department amended its

proposed rule accordingly. Some of the major changes included

increasing the percentage of a member's pay that could be collected by

a debtor pursuant to an involuntary allotment; deleting the requirement

that a judgment could not be more than two years old in order for the

Department to process an involuntary allotment request; and

establishing appeal procedures for debtors from determinations by

commanders that preclude collection by involuntary allotment because of

exigencies of military duties. Additionally, the Coast Guard

coordinated with the Department of Defense to be included in the

regulations published by the Department of Defense. Note, the

Department originally intended to publish its final regulation, which

included both policy and procedural provisions, in the form of a DoD

directive. However, due to internal Department of Defense guidance

published in DoD 5025.1-M\1\ (August 1994), directives may no longer

include procedures. The procedures that were contained in the proposed

rule have been placed in a DoD instruction. Accordingly, the final rule

is now in two parts. The first part, 32 CFR part 112, is based on the

DoD directive that contains broad policy guidance. The second part, 32

CFR part 113, reflects the DoD instruction and contains the

Department's procedural guidance. The substance of both parts are

derived from the proposed rule as originally published on April 26.

Additionally, it has been determined that 32 CFR parts 112 and 113 are

not significant regulation actions. The rules do not: (1) Have an

annual effect on the economy of $100 million or more or adversely

affect in a material way the economy, a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities; (2)

Create a serious inconsistency or otherwise interfere with an action

taken or planned by another agency; (3) Materially alter the budgetary

impact of entitlements, grants, user fees, or loan programs or the

rights and obligations of recipients thereof; or (4) Raise novel legal

or policy issues arising out of legal mandates, the President's

priorities, or the principles set forth in this Executive Order. It has

also been determined that this rule is not subject to the Regulatory

Flexibility Act (5 U.S.C. 601) because it will not have a significant

adverse economic impact on a substantial number of small entities. The

primary financial effect on administering the rule will be a reduction

in administrative costs and other burdens resulting from the

simplification and clarification of certain policies. Additionally, it

has been determined that 32 CFR part 112 does not impose any reporting

or recordkeeping requirements under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501-3520). 32 CFR part 113 imposes an information

collection requirement for which the paperwork has been completed. The

OMB approval number is 0704-0367. Specifically, OMB provided their

approval for the collection of information required by DD Form 2653,

appendix C to 32 CFR part 113, that was originally intended to be

included in the DoD directive but had to be moved to the DoD

instruction (for internal reasons as noted above). Finally, application

forms for involuntary allotment (DD Form 2653, ``Involuntary Allotment

Application,'' as described in 32 CFR part 113, appendix C) may be

obtained from the Defense Finance and Accounting Service, Cleveland

Center, Code L, PO Box 998002, Cleveland, Ohio 44199-8002, telephone

(216) 522-5301.

\1\Copies may be obtained, at cost, from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

---------------------------------------------------------------------------

List of Subjects in 32 CFR Parts 43a, 112 and 113

Claims, Credit, Military personnel.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

Accordingly, under the authority of 10 U.S.C. 301, Title 32 of the

Code of Federal Regulations, Chapter I, Subchapter C, is amended to

read as follows:

Dated: December 28, 1994.

PART 43a--[REMOVED]

1. Part 43a is removed.

2. 32 CFR parts 112 and 113 are added to read as follows:

[[Page 1721]]

PART 112--INDEBTEDNESS OF MILITARY PERSONNEL

Sec.

112.1 Purpose.

112.2 Applicability and scope.

112.3 Definitions.

12.4 Policy.

112.5 Responsibilities.

Authority: 5 U.S.C. 5520a(k) and 10 U.S.C. 113(d).

Sec. 112.1 Purpose.

This part: (a) Updates policy and responsibilities governing

delinquent indebtedness of members of the Military Services, and

prescribes policy for processing involuntary allotments from the pay of

military members to satisfy judgment indebtedness in accordance with 5

U.S.C. 5520a(k).

(b) Establishes responsibility for procedures implementing 5 U.S.C.

5520a(k), 15 U.S.C. 1601 note, 1601-1614, 1631-1646, 1661-1665a, 1666-

1666j, and 1667-1667e (``Truth in Lending Act''), and 15 U.S.C. 1601

note, and 1692-1692o (``Fair Debt Collection Practices Act'').

(DFAS), as the Department of Defense Executive Agent for forms

necessary to process involuntary allotments. The Executive Agent shall

publish, print, stock, distribute, and revise forms.

Sec. 112.2 Applicability and scope.

(a) Applies to the Office of the Secretary of Defense, the Military

Departments (including the Coast Guard when it is not operating as a

Military Service in the Navy by agreement with the Department of

Transportation), the Chairman of the Joint Chiefs of Staff, the Unified

Combatant Commands, the Inspector General of the Department of Defense,

the Defense Agencies, and the Department of Defense Field Agencies

(hereafter referred to collectively as ``the Department of Defense

Components''). The term ``Military Services,'' as used herein, refers

to the Army, the Navy, the Air Force, the Marine Corps, and the Coast

Guard.

(b) The provisions of this part do not apply to:

(1) Indebtedness of a member of the Military Services to the

Federal Government.

(2) Processing of indebtedness claims to enforce judgments against

military members for alimony or child support.

(3) Claims by State or municipal governments under the processing

guidelines for complaints, including tax collection actions.

Sec. 112.3 Definitions.

(a) Absence. A member's lack of an ``appearance,'' at any stage of

the judicial process, as evidenced by failing to physically attend

court proceedings; failing to be represented at court proceedings by

counsel of the member's choosing; or failing to timely respond to

pleadings, orders, or motions.

(b) Court. A court of competent jurisdiction within any State,

territory, or possession of the United States.

debts described under 15 U.S.C. 1601 note and 1692-1692o (``Fair Debt

Collection Practices Act'').

(d) Exigencies of military duty. A military assignment or missing-

essential duty that, because of its urgency, importance, duration

location, or isolation, necessitates the absence of a member of the

Military Services from appearance at a judicial proceeding or prevents

the member from being able to respond to a notice of application for an

involuntary allotment. Exigency of military duty is normally presumed

during periods of war, national emergency, or when the member is

deployed.

(e) Judgment. A final judgment must be a valid, enforceable order

or decree, by a court from which no appeal may be taken, or from which

no appeal has been taken within the time allowed, or from which an

appeal has been taken and finally decided. The judgment must award a

sum certain amount and specify that the amount is to be paid by an

individual who, at the time of application for the involuntary

allotment, is a member of the Military Services.

(f) Just financial obligations. A legal debt acknowledged by the

military member in which there is no reasonable dispute as to the facts

or the law; or one reduced to judgment that conforms to the Soldiers'

and Sailors' Civil Relief Act of 1940, as amended (50 U.S.C. appendix

sections 501-591).

(g) Member of the military services. Any member of the Regular

Army, Air Force, Navy, Marine Corps, or Coast Guard, and any member of

a Reserve component of the Army, Air Force, Navy, Marine Corps or Coast

Guard (including the Army National Guard of the United States and the

Air National Guard of the United States) on active duty pursuant to 10

U.S.C. 672, for a period in excess of 180 days at the time an

application for involuntary allotment is received by the Director,

DFAS, or Commanding Officer, Coast Guard Pay and Personnel Center. The

following shall not be considered members:

(1) Retired personnel, including those placed on the temporary or

permanent disabled retired list; and

(2) Personnel in a prisoner of war or missing in action status, as

determined by the Secretary of the Military Department concerned.

Sec. 112.4 Policy.

(a) Members of the Military Services are expected to pay their just

financial obligations in a proper and timely manner. A Service member's

failure to pay a just financial obligation may result in disciplinary

action under the Uniform Code of Military Justice (10 U.S.C. 801-940)

or a claim pursuant to Article 139 of the Uniform Code of Military

Justice (10 U.S.C. 939). Except as stated in this section, and in

paragraphs (a)(1) and (a)(2) of this section, the Department of Defense

Components have no legal authority to require members to pay a private

debt or to divert any part of their pay for satisfaction of a private

debt.

(1) Legal process instituted in civil courts to enforce judgments

against military personnel for the payment of alimony or child support

shall be acted on in accordance with 42 U.S.C. 651-665, and Part 7,

Chapter 7, Section B. of Department of Defense 7000.14-R\1\, Volume 7,

Part A.

\1\Copies may be obtained, at cost, from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

---------------------------------------------------------------------------

(2) Involuntary allotments under 5 U.S.C. 5520a(k) shall be

established in accordance with this part.

(b) Whenever possible, indebtedness disputes should be resolved

through amicable means. Claimants may contact military members by

having correspondence forwarded through the military locator services

for an appropriate fee, as provided under DoD Instruction 7230.7.\2\

\2\See footnote 1 to Sec. 112.4(a)(1)

---------------------------------------------------------------------------

complaints (not involuntary allotments):

(1) Debt complaints meeting the requirements of this part, and

procedures established by the Under Secretary of Defense (Personnel and

Readiness), as required by 32 CFR part 113, shall receive prompt

processing assistance from commanders.

(2) Assistance in indebtedness matters shall not be extended to

those creditors:

(i) Who have not made a bona fide effort to collect the debt

directly from the military member;

(ii) Whose claims are patently false and misleading; or

(iii) Whose claims are obviously exorbitant;

(3) Some States have enacted laws that prohibit creditors from

contacting a debtor's employer about indebtedness or

[[Page 1722]] communicating facts on indebtedness to an employer unless

certain conditions are met. The conditions that must be met to remove

this prohibition are generally such things as reduction of a debt to

judgment or obtaining written permission of the debtor.

(i) At Department of Defense installations in States having such

laws, the processing of debt complaints shall not be extended to those

creditors who are in violation of the State law. Commanders may advise

creditors that this rule has been established because it is the general

policy of the Military Services to comply with State law when that law

does not infringe upon significant military interests.

(ii) The rule in Sec. 112.4(c)(3)(i) shall govern even though a

creditor is not licensed to do business in the State where the debtor

is located. A similar practice shall be started in any State enacting a

similar law regarding debt collection.

(4) Under 15 U.S.C. 1601 note and 1692-1692o (``Fair Debt

Collection Practices Act''), contact by a debt collector with third

parties, such as commanding officers, for aiding debt collection is

prohibited without a court order, or the debtor's prior consent given

directly to the debt collector. Creditors are generally exempt from

this requirement, but only when they collect on this own behalf.

(d) The following general policies apply to processing of

involuntary allotments under 5 U.S.C. 5520a(k).

(1) In those cases in which the indebtedness of a military member

has been reduced to a judgment, an application for an involuntary

allotment from the pay of the member may be made under procedures

prescribed by the Under Secretary of Defense (Personnel and Readiness).

Such procedures shall provide the exclusive remedy available under 5

U.S.C. 5520a(k).

(2) An involuntary allotment from a member's pay shall not be

started in any indebtedness case in which:

(i) Exigencies of military duty caused the absence of the member

from the judicial proceeding at which the judgment was rendered; or

(ii) There has not been compliance with the procedural requirements

of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.

appendix sections 501-591.

Sec. 112.5 Responsibilities.

(a) The Under Secretary of Defense for Personnel and Readiness

shall:

(1) In consultation with the Under Secretary of Defense

(Comptroller), establish procedures for the processing of debt

complaints and involuntary allotments.

(2) Have policy oversight on the assistance to be provided by

military authorities to creditors of military personnel who have debt

complaints, and on involuntary allotment of military pay.

(b) The Under Secretary of Defense (Comptroller) shall:

(1) Establish, as necessary, procedures supplemental to those

promulgated by the Under Secretary of Defense (Personnel and Readiness)

to administer and process involuntary allotments from the pay of

members of the Military Services; this includes the authority to

promulgate forms necessary for the efficient administration and

processing of involuntary allotments.

(2) Ensure that the Director, DFAS:

(i) Implements procedures established by the Under Secretary of

Defense (Personnel and Readiness) and the Under Secretary of Defense

(Comptroller).

(ii) Considers whether the Soldiers' and Sailors' Civil Relief Act

of 1940, as amended (50 U.S.C. appendix sections 501-591), has been

complied with under 5 U.S.C. 5520a(k) prior to establishing an

involuntary allotment against the pay of a member of the Military

Services.

(iii) Acts as the Department of Defense Executive Agent for

Department of Defense forms necessary to process involuntary

allotments.

military personnel to meet their just financial obligations, since

failure to do so damages their credit reputation and affects the public

image of all Department of Defense personnel. See DoD Directives

1000.10,\3\ 1000.11,\4\ and 5500.7.\5\

\3\See footnote 1 to Sec. 112.4(a)(1).

\4\See footnote 1 to Sec. 112.4(a)(1).

\5\See footnote 1 to Sec. 112.4(a)(1).

---------------------------------------------------------------------------

(d) The Secretaries of the Military Departments shall:

(1) Establish, as necessary, procedures to administer and process

involuntary allotments from the pay of members of the Military

Services. This includes designating those commanders, or other

officials who may act in the absence of the commander, who shall be

responsible for determining whether a member's absence from a judicial

proceeding was caused by exigencies of military duty, and establishing

appeal procedures regarding such determinations.

(2) Require commanders to counsel members to pay their just debts,

including complying, as appropriate, with court orders and judgments

for the payment of alimony or child support.

(3) Emphasize prompt command action to assist with the processing

of involuntary allotment applications.

(e) The Chief, Office of Personnel and Training, for the Coast

Guard shall:

(1) Establish, as necessary, procedures supplemental to those

promulgated by the Under Secretary of Defense (Personnel and Readiness)

to administer and process involuntary allotments from the pay of

members of the Military Services; this includes the authority to

promulgate forms necessary for the efficient administration and

processing of involuntary allotments.

(2) Ensure that the Commanding Officer, Coast Guard Pay and

Personnel Center:

(i) Implements procedures established by the Under Secretary of

Defense (Personnel and Readiness) and Chief, Office of Personnel and

Training.

(ii) Considers whether the Soldiers' and Sailors' Civil Relief Act

of 1940, as amended (50 U.S.C. appendix sections 501-591), has been

complied with under 5 U.S.C. 5520a(k) prior to establishing an

involuntary allotment against the pay of a member of the Military

Services.

(iii) Acts as the Coast Guard Executive Agent for forms necessary

to process involuntary allotments.

PART 113--INDEBTEDNESS OF MILITARY PERSONNEL

Sec.

113.1 Purpose.

113.2 Applicability.

113.3 Definitions.

113.4 Policy.

113.5 Responsibilities.

113.6 Procedures.

Appendix A to part 113--Certificate of Compliance

Appendix B to part 113--Standards of Fairness

Appendix C to part 113--Sample DD Form 2653, ``Involuntary Allotment

Application''

Appendix D to part 113--Sample DD Form 2654, ``Involuntary Allotment

Notice and Processing''

Authority: 5 U.S.C. 5520a(k) and 10 U.S.C. 113(d).

Sec. 113.1 Purpose.

This part implements policy, assigns responsibilities, and

prescribes procedures under 32 CFR part 112 governing delinquent

indebtedness of members of the Military Services.

Sec. 113.2 Applicabichlity.

This part applies to the Office of the Secretary of Defense, the

Military Departments (including the Coast Guard when it is not

operating as a Military [[Page 1723]] Service in the Navy by agreement

with the Department of Transportation), the Chairman of the Joint

Chiefs of Staff, the Unified Combatant Commands, the Inspector General

of the Department of Defense, the Defense Agencies, and the DoD Field

Activities (hereafter referred to collectively as ``the DoD

Components''). The term ``Military Services,'' as used herein, refers

to the Army, the Navy, the Air Force, the Marine Corps, and the Coast

Guard.

Sec. 113.3 Definitions.

(a) Appearance. The presence and participation of a member of the

Military Services, or an attorney of the member's choosing, throughout

the judicial proceeding from which the judgment was issued that is the

basis for a request for enforcement through involuntary allotment.

(b) Applicant. The original judgment holder, a successor in

interest, or attorney or agent thereof who requests an involuntary

allotment from a member of the Military Services pursuant to DoD

Directive 1344.9.\1\

\1\Copies may be obtained, at cost, from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

---------------------------------------------------------------------------

with 32 CFR part 112 and 5 U.S.C. 5520a(k), pay subject to involuntary

allotment shall be determined by:

(1) Including:

(i) Basic pay but excluding reduction for education for education

benefits under section 38 U.S.C. 1411 (``New G.I. Bill'').

(ii) Special pay (including enlistment and reenlistment bonuses).

(iii) Incentive pay.

(iv) Accrued leave payments (basic pay portion only).

(v) Readjustment pay.

(vi) Severance pay (including disability severance pay).

(vii) Lump-sum Reserve bonus.

(viii) Inactive duty training pay.

(2) Excluding:

(i) Retired pay (including) disability retired pay).

(ii) Retainer pay.

(iii) Separation pay, Voluntary Separation Incentive (VSI), and

Special Separation Benefit (SSB).

(iv) Allowances paid under titles 10 and 37 of the United States

Code (e.g., Chapter 53 of title 10 and Chapter 7 of title 37,

respectively) and other reimbursements for expenses incurred in

connection with duty in the Military Service or allowances in lieu

thereof.

(v) Payments not specifically enumerated in Sec. 113.3(c)(1).

(3) After including the items in Sec. 113.3(c)(1), subtracting the

following pay items to compute the final earnings value of the pay

subject to involuntary allotment:

(i) Federal and State employment and income tax withholding (amount

limited only to that which is necessary to fulfill member's tax

liability).

(ii) FICA tax.

(iii) Amounts mandatorily withheld for the United States Soldiers'

and Airmen's Home.

(iv) Deductions for the Servicemen's Group Life Insurance coverage.

(v) Retired Serviceman's Family Protection Plan.

(vi) Indebtedness to the United States.

(vii) Fines and forfeitures ordered by a court-martial or a

commanding officer.

(viii) Amounts otherwise required by law to be deducted from a

member's pay (except payments under 42 U.S.C. 659, 661, 662, and 665).

(d) Preponderence of the evidence. A greater weight of evidence

that is more credible and convincing to the mind. That which best

accords with reason and probability. (See Black's Law Dictionary\2\)

\2\Black's Law Dictionary, Fourth Edition, West Publishing

Company, Saint Paul, Minnesota (1952).

---------------------------------------------------------------------------

(e) Proper and Timely Manner. A manner that under the circumstances

does not reflect discredit on the Military Service.

Sec. 113.4 Policy

(a) It is DoD policy under 32 CFR part 112 that procedures be

established for the processing of debt complaints against members of

the Military Services and involuntary allotments from the pay of

members of the Military Services.

(b) An involuntary allotment shall not exceed the lesser of 25

percent of a member's pay subject to involuntary allotment or the

maximum percentage of pay subject to garnishment proceedings under the

applicable State law.

and this part when combined with deductions as a result of garnishments

or statutory allotments for spousal support and child support under 42

U.S.C. 659, 661, 662, or 665, may not exceed the lesser of 25 percent

of a member's pay subject to involuntary allotment or the maximum

percentage of pay subject to garnishment proceedings under applicable

State law. In any case in which the maximum percentage would be

exceeded, garnishments and involuntary allotments for spousal and child

support shall take precedence over involuntary allotments authorized

under 32 CFR part 112 and this part. Involuntary allotments established

under 32 CFR part 112 and this part shall be reduced or stopped as

necessary to avoid exceeding the maximum percentage allowed.

(d) The Truth in Lending Act (15 U.S.C. 1601 note, 1601-1614, 1631-

1646, 1661-1666j, and 1667-1667e) prescribes the general disclosure

requirements that must be met by those offering or extending consumer

credit and Federal Reserve Board Regulation Z (12 CFR 226) prescribes

the specific disclosure requirements for both open-end and installment

credit transactions. In place of Federal Government requirements, State

regulations apply to credit transactions when the Federal Reserve Board

has determined that the State regulations impose substantially similar

requirements and provide adequate enforcement measures. Commanding

officers, with the assistance of judge advocates, should check

regulations of the Federal Reserve Board to determine whether Federal

or State laws and regulations govern.

Sec. 113.5 Responsibilities.

(a) The Under Secretary of Defense for Personnel and Readiness

shall monitor compliance with this part.

(b) The Under Secretary of Defense (Comptroller) shall ensure

Defense Finance and Accounting Service (DFAS) implementation of this

part.

this part.

Sec. 113.6 Procedures.

(a) The following procedures apply to the processing of debt

complaints against members of the Military Services.

(1) It is incumbent on those submitting indebtedness complaints to

show that they have met the disclosure requirements of the Truth in

Lending Act (15 U.S.C. 1601 note, 1601-1614, 1631-1646, 1661-1666j, and

1667-1667e) and Federal Reserve Board Regulation Z (12 CFR 226), and

that they complied with the Standards of Fairness (appendix B to this

part).

(2) Creditors subject to Federal Reserve Board Regulation Z (12 CFR

226), and assignees claiming thereunder, shall submit with their debt

complaint an executed copy of the Certificate of Compliance (appendix A

to this part), and a true copy of the general and specific disclosures

provided the member of the Military Service as required by the Truth in

Lending Act (15 U.S.C. 1601 note, 1601-1614, 1631-1646, 1661-1666j, and

1667-1667e). Debt complaints that request assistance but do not meet

these requirements will be returned without action to the

claimant. [[Page 1724]]

(3) A creditor not subject to Federal Reserve Board Regulation Z

(12 CFR 226), such as a public utility company, shall submit with the

request a certificate that no interest, finance charge, or other fee is

in excess of that permitted by the law of the State in which the

obligation was incurred.

(4) A foreign-owned company having debt complaints shall submit

with its request a true copy of the terms of the debt (English

translation) and shall certify that it has subscribed to the Standards

of Fairness (appendix B to this part).

(5) Debt complaints that meet the requirements of this part shall

be processed by Department of Defense Components. ``Processed'' means

that Heads of the Department of Defense Components, or designees,

shall:

(i) Review all available facts surrounding the transaction forming

the basis of the complaint, including the member's legal rights and

obligations, and any defenses or counterclaims the member may have.

(ii) Advise the member concerned that:

(A) Just financial obligations are expected to be paid in a proper

and timely manner, and what the member should do to comply with that

policy;

(B) Financial and legal counseling services are available under DoD

Directive 1344.7\3\ in resolving indebtedness; and

\3\See footnote 1 to Sec. 113.3(b).

---------------------------------------------------------------------------

obtaining a judgment from a court that could form the basis for

collection of pay from the member pursuant to an involuntary allotment.

(iii) If a member acknowledges a debt as a result of creditor

contact with a DoD Component, advise the member that assistance and

counseling may be available from the on-base military banking office,

the credit union serving the military field of membership, or other

available military community service organizations.

(iv) Direct the appropriate commander to advise the claimant that:

(A) Those aspects of DoD policy prescribed in 32 CFR part 112.4,

are pertinent to the particular claim in question; and

(B) The member concerned has been advised of his or her obligations

on the claim.

(v) The commander's response to the claimant shall not undertake to

arbitrate any disputed debt, or admit or deny the validity of the

claim. Under no circumstances shall the response indicate whether any

action has been taken, or will be taken, against the member as a result

of the complaint.

(b) The following procedures apply to the processing of involuntary

allotments from the pay of members of the Military Services.

(1) Involuntary allotment application. (i) Regardless of the

Service Affiliation of the member involved, with the exception of

members of the Coast Guard an application to establish an involuntary

allotment from the pay of a member of the Military Services shall be

made by sending a completed DD Form 2653, ``Involuntary Allotment

Application'' (appendix C to this part) to the appropriate address

listed below. Applications sent to any other address shall be returned

without action to the applicant.

(For Army, Navy, Air Force, or Marine Corps)

Defense Finance and Accounting Service, Cleveland Center, Code L, P.O.

Box 998002, Cleveland, OH 44199-8002

(For Coast Guard only)

Coast Guard Pay and Personnel Center (LGL), 444 S.E. Quincy Street,

Topeka, KS 66683-3591

(ii) Each application must include a copy of the final judgment

certified by the clerk of court and such other documents as may be

required by Sec. 113.6(b)(1)(iv).

(iii) A garnishment summons or order is insufficient to satisfy the

final judgment requirement of Sec. 113.6(b)(1)(ii) and is not required

to apply for an involuntary allotment under this part.

(iv) Involuntary allotment applications must contain the following

information, certifications, and acknowledgment:

(A) The full name, social security number, and branch of Service of

the military member against whose pay an involuntary allotment is

sought. Although not required, inclusion of the member's current duty

station and duty address on the application form will facilitate

processing of the application.

(B) The applicant's full name and address. If the applicant is not

a natural person, the application must be signed by an individual with

the authority to act on behalf of such entity. If the allotment is to

be in favor of a person other than the original judgment holder, proof

of the right to succeed to the interest of the original judgment holder

is required and must be attached to the application.

judgment awarded interest, the total dollar amount of the interest on

the judgment accrued to the date of application.

(D) A certification that the judgment has not been amended,

superseded, set aside, or satisfied; or, if the judgment has been

satisfied in part, the extent to which the judgment remains

unsatisfied.

(E) A certification that the judgment was issued while the member

was not on active duty (in appropriate cases). If the judgment was

issued while the member was on active duty, a certification that the

member was present or represented by an attorney of the member's

choosing in the proceedings, or if the member was not present or

represented by an attorney of the member's choosing, that the judgment

complies with the Soldiers' and Sailors' Civil Relief Act of 1940, as

amended (50 U.S.C. appendix sections 501-591).

(F) A certification that the member's pay could be garnished under

applicable State law and section 5520a(k) of the United States Code, if

the member were a civilian employee.

(G) A certification that, to the knowledge of the applicant, the

debt has not been discharged in bankruptcy, nor has the member filed

for protection from creditors under the bankruptcy laws of the United

States.

(H) A certification that if the judgment is satisfied prior to the

collection of the total amount through the involuntary allotment

process, the applicant will provide prompt notice that the involuntary

allotment must be discontinued.

(I) A certification that if the member overpays the amount owed on

the judgment, the applicant shall refund the amount of overpayment to

the member within 30 days of discovery or notice of the overpayment,

whichever, is earlier, and that if the applicant fails to repay the

member, the applicant understands he or she may be denied the right to

collect by involuntary allotment on other debt reduced to judgments.

(J) Acknowledgment that as a condition of application, the

applicant agrees that neither the United States, nor any disbursing

official or Federal employee whose duties include processing

involuntary allotment applications and payments, shall be liable for

any payment or failure to make payment from moneys due or payable by

the United States to any person pursuant to any application made in

accordance herewith.

(v) The original and three copies of the application and supporting

documents must be submitted by the applicant to DFAS.

(vi) A complete ``application package'' (the DD Form 2653,

supporting documentation, and three copies of the

[[Page 1725]] application and supporting documents), is required for

processing of any request to establish an involuntary allotment

pursuant to this part and 32 CFR part 112.

(vii) Applications that do not conform to the requirements of this

part shall not be processed. If an application is ineligible for

processing, the application package shall be returned to the applicant

with an explanation of the deficiency. In cases involving repeated

false certifications by an applicant, the designated DFAS official may

refuse to accept or process additional applications by that applicant

for such period of time as the official deems appropriate to deter

against such violations in the future.

(2) Processing of involuntary allotment applications. (i) Promptly

upon receipt of DD Form 2653 (Appendix C to this part), the designated

DFAS official shall review the ``application package'' to ensure

compliance with the requirements of this part. If the application

package is complete, the DFAS official shall:

(A) Complete Section I of DD Form 2654, ``Involuntary Allotment

Notice and Processing'' (Appendix D to this part), by inserting the

name, social security number, rank, and branch of service of the

military member against whom an application for involuntary allotment

is being processed. Additionally, the DFAS official shall provide the

due date for receipt of a response at DFAS. The due date shall be 90

days from the date DFAS mails the DD Form 2654 to the commander and

member concerned as provided for in Sec. 113.6(b)(2)(i)(B).

(B) Mail one copy of the application package to the member and two

copies of the application package, along with DD Form 2654, to the

commander of the military member or other official as designated by the

Military Service concerned during times of war, national emergency,

deployment, or other similar circumstances, who may act for the

commander, provided the Military Service concerned has provided DFAS

with the name or position of the official and the appropriate address

(hereinafter, the meaning of the term ``commander'' includes such other

official).

and DD Form 2654, DFAS shall provide notice to the member and the

member's commander that automatic processing of the involuntary

allotment application shall occur if a response (including notice of an

approved extension as authorized in Sec. 113.6(b)(2)(iii)(B) and (F),

is not received by the due date specified in Section I of DD Form 2654.

In the absence of a response, DFAS may automatically process the

involuntary allotment application on the fifteenth calendar day after

the date a response was due. When DFAS has received notice of an

extension, automatice processing shall not begin until the fifteenth

calendar day after the approved extension date.

(D) Retain the original of the application package and DD Form

2654.

(ii) Upon receipt of an application, the commander shall determine

if the member identified in Section I of DD Form 2654 is assigned or

attached to the commander's unit and available to respond to the

involuntary allotment application. If the member is not assigned or

attached, or not available to respond (e.g., retired, in a prisoner of

war status, or in a missing in action status), the commander will

promptly complete Section II of DD Form 2654 and attach appropriate

documentation supporting the determination. The commander will then

mail the application package and DD Form 2654 to DFAS. Section II shall

also be used by the commander to notify DFAS of extensions beyond the

due date for a response contained in Section I of DD Form 2654. When

such extensions are authorized, the commander will complete Section II,

make a copy of Sections I and II, and promptly mail the copy to DFAS.

(iii) Within 5 days of receipt of an application package and DD

Form 2654 from the designated DFAS official, the commander shall notify

the member of the receipt of the application, provide the member a copy

of the entire application package, and counsel the member using and

completing Section III of DD Form 2654 about the following:

(A) That an application for the establishment of an involuntary

allotment for the lesser of 25 percent of the member's pay subject to

involuntary allotment or the maximum percentage of pay subject to

garnishment proceedings under the applicable State law has been

received.

(B) That the member has 15 calendar days from the date of receipt

of the commander's notice to complete Section IV of DD Form 2654. That

for good cause shown, the commander may grant an extension of

reasonable time (normally not exceeding 30 calendar days) to submit a

response. That during times of deployment, war, national emergency,

assignment outside the United States, hospitalization, or other similar

situations that prevent the member from obtaining necessary evidence or

from responding in a timely manner, extensions exceeding 30 calendar

days may be granted. That if the member fails to respond within the

time allowed, the commander will note the member's failure to respond

in Section V of DD Form 2654 and send the form to DFAS for appropriate

action.

involuntary allotment or contest it.

(D) That the member may contest the application for any one of the

following reasons:

(1) There has not been compliance with the procedural requirements

of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended (50

U.S.C. appendix sections 501-591) during the judicial proceeding upon

which the involuntary allotment application is sought.

(2) ``Exigencies of military duty'' (as defined in 32 CFR part

112.3(d)) caused the ``absence'' of the member from appearance in a

judicial proceeding forming the basis for the judgment upon which the

application is sought.

(3) Information in the application is patently false or erroneous

in material part.

(4) The judgment has been fully satisfied, superseded, or set

aside.

(5) The judgment has been materially amended, or partially

satisfied. When asserting this defense, the member shall include

evidence of the amount of the judgment that has been satisfied.

(6) There is a legal impediment to the establishment of the

involuntary allotment (for example, the judgment debt has been

discharged in bankruptcy, the judgment debtor has filed for protection

from the creditors under the bankruptcy laws of the United States, the

applicant is not the judgment holder nor a proper successor in interest

to that holder, or the applicant has been enjoined by a Federal or

state court from enforcing the judgment debt).

(7) Or other appropriate reasons that must be clearly specified and

explained by the member.

(E) That, if the member contests the involuntary allotment, the

member shall provide evidence (documentary or otherwise) in support

thereof. Furthermore, that any evidence submitted by the member may be

disclosed to the applicant for the involuntary allotment.

(F) That the member may consult with a legal assistance attorney,

if reasonably available, or a civilian attorney at no expense to the

government. That if a legal assistance attorney is available, the

member should immediately arrange for an appointment. That the member

may request a reasonable delay from the commander to obtain legal

assistance (in cases where an approved delay will cause DFAS to receive

the member's [[Page 1726]] response after the due date identified in

Section I of DD Form 2654, the commander must immediately notify the

designated DFAS official of the delay, the date for an expected

response, and the reason for the delay by completing Section II of DD

Form 2654 and forwarding a copy of Sections I and II to DFAS).

Additionally, that requests for extensions of time based on the need

for legal assistance shall be denied to members who fail to exercise

due diligence in seeking such assistance.

(G) That if the member contests the involuntary allotment on the

grounds that exigencies of military duty caused the absence of the

member from the judicial proceeding at which the judgment was rendered,

then the member's commander shall review and make the final

determination on this contention, and notify the designated DFAS

official of the commander's decision by completing Section V of DD Form

2654 and forwarding the form to DFAS.

(1) In determining whether exigencies of military duty caused the

absence of the member, the commander at the level designated by the

Service concerned shall consider the definition of ``exigencies of

military duty'' (as defined in 32 CFR part 112.3(d)).

(2) Additionally, consideration shall be given to whether the

commander at the time determined the military duties in question to be

of such paramount importance that they prevented making the member

available to attend the judicial proceedings, or rendered the member

unable to timely respond to process, motions, pleadings, or orders of

the court.

(H) That if the member contests the involuntary allotment on any

basis other than exigencies of military duty, the application package

and DD Form 2654 shall be returned to the commander who shall forward

it to the designated DFAS official for appropriate action.

(I) That if the member fails to respond to the commander within the

time allowed under Sec. 113.6(b)(2)(iii)(B), the commander shall notify

the designated DFAS official of the member's failure to respond by

completing Section V of DD Form 2654, and forwarding the form to DFAS.

(iv) After counseling the member in accordance with

Sec. 113.6(b)(2)(iii)(A)-(I), the commander shall:

(A) Date and sign Section III of DD Form 2654.

(B) Obtain the member's acknowledgment of counseling by having the

member sign the appropriate space on Section III of DD Form 2654.

or needs the time authorized under this part to review the application

package and take appropriate action. If the member consents to the

involuntary allotment, the commander shall direct the member to

appropriately complete Section IV of DD Form 2654. The commander must

then complete the appropriate item in Section V and promptly forward

the completed DD Form 2654 to the designated DFAS official.

(D) Complete the appropriate items in Section V of DD Form 2654

when the member fails to respond within the time authorized for a

response, or asserts that exigencies of military duty caused the

absence of the member from an appearance in the judicial proceeding

upon which the Involuntary Allotment Application is sought.

(1) In determining whether exigencies of military duty caused the

absence of the member, the commander, at the level designated by the

Service concerned, shall consider the definition of ``exigencies of

military duty'' (as defined in 32 CFR part 112.3(d)), the evidence

provided by the member, any other reasonably available evidence (e.g.,

a copy of the member's personnel record), and whether the commander at

the time determined the military duties in question to be of such

paramount importance that they prevented making the member available to

attend the judicial proceedings, or rendered the member unable to

timely respond to process, motions, pleadings, or orders of the court.

(2) The evidentiary standard for a commander to determine whether

existences of military duty caused the absence of the member from an

appearance in the judicial proceeding upon which the Involuntary

Allotment Application is sought is a ``preponderance of the evidence''

(as defined in Sec. 113.3(d) of this part).

(3) If the commander has made a determination on exigencies of

military duty, the commander must insert in Section V of DD Form 2654,

the title and address of the appeal authority.

(E) Promptly following the date the member's response is due to the

commander as determined by Sec. 113.6(b)(2)(iii)(B), ensure that the DD

Form 2654 is appropriately completed and mail the form, along with any

response received from the member, to DFAS.

(F) Provide the member a copy of the completed DD Form 2654 within

5 days of mailing to the designated DFAS official.

(v) Upon receipt of DD Form 2654 and any additional evidence

submitted by the member, the designated DFAS official shall conduct a

review of the entire application package, DD Form 2654, and any

evidence submitted by the member, to determine whether the application

for an involuntary allotment should be approved and established.

(A) In those cases where the member's commander has completed

Section V of DD Form 2654, and determined that exigencies of military

duty caused the absence of the member from an appearance in a judicial

proceeding upon which the involuntary allotment application is sought,

the designated DFAS official shall deny the involuntary allotment

application and provide the applicant written notice of the denial and

the reason therefor. The designated DFAS official shall also advise the

applicant that:

(1) The responsibility for determining whether exigencies of

military duty existed belonged to the member's commander and the

Military Department concerned.

(2) The commander's decision may be appealed within 60 days of the

date DFAS mailed the notice of the decision to the applicant.

(3) An Appeal must be submitted to the appeal authority at the

address provided by DFAS (as found in Section V of the DD Form 2654) in

their written notice of denial, and that an appeal submitted to an

appeal authority and address different from the one provided by DFAS

may be returned without action.

(4) An appeal must be submitted in writing and contain sufficient

evidence to overcome the presumption that the commander's exigency

determination was correct.

(5) The appellate authority shall decide an appeal within 30 days

of its receipt and promptly notify the applicant in writing of the

decision. The 30 day decision period may be extended during times of

deployment, war, national emergency, or other similar situations.

(6) If an appeal is successful, the applicant must submit a written

request, along with a copy of the appellate authority's decision, to

DFAS within 15 days of receipt of the appellate authority's decision.

(B) Upon receiving written notice that an applicant has

successfully appealed a commander's determination on exigencies of

military duty that resulted in denial of an involuntary allotment

application, DFAS shall review the application in accordance with

Sec. 113.6(b)(2)(v)(C), and determine whether the involuntary allotment

should be approved and initiated.

Sec. 113.6(b)(2)(v)(A), the designated DFAS official shall deny an

[[Page 1727]] involuntary allotment application, and give written

notice to the applicant of the reason(s) for denial, if the designated

DFAS official determines that:

(1) There has not been compliance with the procedural requirements

of the Soldier's and Sailor's Civil Relief Act of 1940, as amended (50

U.S.C. appendix sections 501-591) during the judicial proceeding upon

which the involuntary allotment application is sought.

(2) Information in the application is patently false or erroneous

in material part.

(3) The judgment has been fully satisfied, superseded, or set

aside.

(4) The judgment has been materially amended, or partially

satisfied. In such a case, the request for involuntary allotment may be

approved only to satisfy that portion of the judgment that remains in

effect and unsatisfied; the remainder of the request shall be denied.

(5) There is a legal impediment to the establishment of the

involuntary allotment (for example, the judgment debt has been

discharged in bankruptcy, the judgment debtor has filed for protection

from the creditors under the bankruptcy laws of the United States, the

applicant is not the judgment creditor nor a proper successor in

interest to that creditor, or the applicant has been enjoined by a

Federal or State court from enforcing the judgment debt).

(6) The member's pay is already subject to one or more involuntary

allotments or garnishments that equal the lesser of 25 percent of the

member's pay subject to involuntary allotment or the maximum percentage

of pay subject to garnishment proceedings under the applicable State

law.

(7) The applicant has abused the processing privilege (e.g., an

applicant, having been notified of the requirements of this part,

repeatedly refuses or fails to comply therewith).

(8) Or other appropriate reasons that must be clearly explained to

the applicant.

(D) In all cases other than as described in Sec. 113.6(b)(2)(v) (A)

and (C), the designated DFAS official shall approve the involuntary

allotment application and establish an involuntary allotment against

the pay subject to involuntary allotment of the member.

(vi) The designated DFAS official shall, at any time after

establishing an involuntary allotment, cancel or suspend such allotment

and notify the applicant of that cancellation if the member concerned,

or someone acting on his or her behalf, submits legally sufficient

proof, by affidavit or otherwise, that the allotment should not

continue because of the existence of the factors enumerated in

Sec. 113.6(b)(2)(v)(A) and (C)(1)-(8).

(3) Payments

(i) Payment of an approved involuntary allotment under 32 CFR part

112 and this part shall commence within 30 days after the designated

DFAS official has approved the involuntary allotment.

(ii) Payments under this part shall not be required more frequently

than once each month, and the designated official shall not be required

to vary normal pay and disbursement cycles.

(iii) If the designated DFAS official receives several applications

on the same member of a Military Service, payments shall be satisfied

on a first-come, first-served basis.

(iv) Payments shall continue until the judgment is satisfied or

until canceled or suspended.

(A) DFAS shall collect the total judgment, including interest when

awarded by the judgment. Within 30 days following collection of the

amount of the judgment, including interest as annotated by the

applicant in Section I of DD Form 2654, the applicant may submit a

final statement of interest that accrued during the pay-off period.

This final statement of interest request must be accompanied by a

statement of account showing how the applicant computed the interest

amount. DFAS will collect this post-application interest provided it is

an amount owed pursuant to the judgment. DFAS shall not accept any

further interest requests.

(B) Interest or other costs associated with the debt forming the

basis for the judgment, but not included as an amount awarded by the

judgment, shall not be paid to applicants for involuntary allotments.

(v) If the member is found not to be entitled to money due from or

payable by the Military Services, the designated official shall return

the application and advise the applicant that no money is due from or

payable by the Military Service to the member. When it appears that pay

subject to an involuntary allotment is exhausted temporarily or

otherwise unavailable, the applicant shall be told why and for how long

that money is unavailable, if known. Involuntary allotments shall be

canceled on or before the date a member retires, is discharged, or is

released from active duty. The designated DFAS official shall notify

the applicant of the reason for cancellation.

(vi) Upon receiving notice from an applicant that a judgment upon

which an involuntary allotment is based has been satisfied, vacated,

modified, or set aside, the designated DFAS official shall promptly

adjust or discontinue the involuntary allotment.

(vii) The Under Secretary of Defense (Comptroller) may, in DoD

7000.14-R\4\ Volume 7, Part A, designate the priority to be given to

involuntary allotments pursuant to 32 CFR part 112 and this part, among

the deductions and collections taken from a member's pay, except that

they may not give precedence over deductions required to arrive at a

member's disposable pay for garnishments or involuntary allotments

authorized by statute for alimony and child support payments. In the

absence of a contrary designation by the Comptroller, all other lawful

deductions (except voluntary allotments by the member) and collections

shall take precedence over these involuntary allotments.

\4\See footnote 1 to Sec. 113.3(b).

---------------------------------------------------------------------------

Appendix A to Part 113--Certificate of Compliance

I certify that the (Name of Creditor) upon extending credit

to---------------------------------------------------------------------

on---------------------------------------------------------------------

(Date)

complied with the full disclosure requirements of the Truth-in-

Lending Act and Regulation Z, and the Fair Debt Collection Practices

Act (or the laws and regulations of State of ____________________),

and that the attached statement is a true copy of the general and

specific disclosures provided the obligor as required by law.

I further certify that the Standards of Fairness set forth in

DoD Directive 1344.9\1\ have been applied to the consumer credit

transaction to which this form refers. (If the unpaid balance has

been adjusted as a consequence, the specific adjustments in the

finance charge and the annual percentage rate should be set forth

below.)

\1\Copies may be obtained, at cost, from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

---------------------------------------------------------------------------

----------------------------------------------------------------------

(Adjustments)

----------------------------------------------------------------------

(Date of Certification)

----------------------------------------------------------------------

(Signature of Creditor or Authorized Representative)

----------------------------------------------------------------------

(Street)

----------------------------------------------------------------------

(City, State and Zip Code)

Appendix B to Part 113--Standards of Fairness

1. No finance charge contracted for, made, or received under any

contract shall be in excess of the charge that could be made for

such contract under the law of the place in which the contract is

signed in the United States by the military member. [[Page 1728]]

a. In the event a contract is signed with a U.S. company in a

foreign country, the lowest interest rate of the State or States in

which the company is chartered or does business shall apply.

b. However, interest rates and service charges applicable to

overseas military banking facilities shall be as established by the

Department of Defense.

2. No contract or loan agreement shall provide for an attorney's

fee in the event of default unless suit is filed, in which event the

fee provided in the contract shall not exceed 20 percent of the

obligation found due. No attorney fees shall be authorized if the

attorney is a salaried employee of the holder.

3. In loan transactions, defenses that the debtor may have

against the original lender or its agent shall be good against any

subsequent holder of the obligation. In credit transactions,

defenses against the seller or its agent shall be good against any

subsequent holder of the obligation, provided that the holder had

actual knowledge of the defense or under conditions where reasonable

inquiry would have apprised the holder of this fact.

4. The military member shall have the right to remove any

security for the obligation beyond State or national boundaries if

the military member or family moves beyond such boundaries under

military orders and notifies the creditor, in advance of the

removal, of the new address where the security will be located.

Removal of the security shall not accelerate payment of the

obligation.

5. No late charge shall be made in excess of 5 percent of the

late payment, or $5.00, whichever is the lesser amount, or as

provided by law or applicable regulatory agency determination. Only

one late charge may be made for any tardy installment. Late charges

shall not be levied where an allotment has been timely filed, but

payment of the allotment has been delayed. Late charges by overseas

banking facilities are a matter of contract with the Department of

Defense.

6. The obligation may be paid in full at any time or through

accelerated payments of any amount. There shall be no penalty for

prepayment. In the event of prepayment, that portion of the finance

charges that has inured to the benefit of the seller or creditor

shall be prorated on the basis of the charges that would have been

ratably payable had finance charges been calculated and payable as

equal periodic payments over the terms of the contract, and only the

prorated amount to the date of prepayment shall be due. As an

alternative, the ``Rule of 78'' may be applied.

7. If a charge is made for loan insurance protection, it must be

evidenced by delivery of a policy or certificate of insurance to the

military member within 30 days.

8. If the loan or contract agreement provides for payments in

installation, each payment, other than the down payment, shall be in

equal or substantially equal amounts, and installments shall be

successive and of equal or substantially equal duration.

9. If the security for the debt is repossessed and sold in order

to satisfy or reduce the debt, the repossession and resale shall be

governed by the laws of the State in which the security is

requested.

10. A contract for personal goods and services may be terminated

at any time before delivery of the goods or services without charge

to the purchaser. However, if goods made to the special order of the

purchaser result in preproduction costs, or require preparation for

delivery, such additional costs shall be listed in the order form or

contract.

a. No termination charge shall be made in excess of this amount.

Contracts for delivery at future intervals may be terminated as to

the undelivered portion.

b. The purchaser shall be chargeable only for that proportion of

the total cost that the goods or services delivered bear to the

total goods called for by the contract. (This is in addition to the

right to rescind certain credit transactions involving a security

interest in real estate provided by the Truth in Lending Act (15

U.S.C. 1601 note, 1601-1614, 1631-1646, 1661-1665a, 1666-1666j, and

1667-1667e) and Federal Reserve Board Regulation Z (12 CFR 226)).

BILLING CODE 5000-04-M

[[Page 1729]]

[GRAPHIC][TIFF OMITTED]TR05JA95.002

[[Page 1730]]

[GRAPHIC][TIFF OMITTED]TR05JA95.003

[[Page 1731]]

[GRAPHIC][TIFF OMITTED]TR05JA95.004

[[Page 1732]]

[GRAPHIC][TIFF OMITTED]TR05JA95.005

[[Page 1733]]

[GRAPHIC][TIFF OMITTED]TR05JA95.006

[[Page 1734]]

[GRAPHIC][TIFF OMITTED]TR05JA95.007

[[Page 1735]]

[FR Doc. 95-224 Filed 1-4-95; 8:45 am]

BILLING CODE 5000-04-C

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.