Privacy Act of 1974; Systems of Records

Federal RegisterAug 20, 1997

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DEPARTMENT OF DEFENSE

Department of the Army

Privacy Act of 1974; Systems of Records

AGENCY: Department of the Army, DOD.

ACTION: Notice to alter systems of records.

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SUMMARY: The Department of the Army is proposing to alter two existing

systems of records notices in its existing inventory of record systems

subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The

alterations consist of adding a routine use to each system of records.

DATES: This proposed action will be effective without further notice on

September 19, 1997, unless comments are received which result in a

contrary determination.

ADDRESSES: Privacy Act Officer, Records Management Program Division,

U.S. Army Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft.

Belvoir, VA 22060-5576.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390

or DSN 656-4390.

SUPPLEMENTARY INFORMATION: The Department of the Army systems of

records 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 address above.

The proposed system report, as required by 5 U.S.C. 552a(r) of the

Privacy Act of 1974, as amended, was submitted on August 7, 1997, to

the House Committee on Government Reform and Oversight, the Senate

Committee on Governmental Affairs,

[[Page 44262]]

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). The specific changes

to the record systems being altered are set forth below followed by the

notices, as altered, published in their entirety.

Dated: August 14, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

AAFES 0702.23

System name:

Dishonored Check Files (August 9, 1996, 61 FR 41586).

Changes:

* * * * *

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

Add a new paragraph `To a private contractor for the purpose of

collection services to recover moneys owed to the U.S. Government.'

* * * * *

AAFES 0702.23

System name:

Dishonored Check Files.

System location:

Headquarters, Army and Air Force Exchange Service, 3911 S. Walton

Walker Boulevard, Dallas, TX 75236-1598;

Army and Air Force Exchange Service-Europe, Europe Accounting

Support Office, CMR 429, APO AE 09054;

Army and Air Force Exchange Service-Pacific Rim, Accounting Support

Center, Unit 35163, APO AP 96378-5163; and

Post and base exchanges within the AAFES system. Official mailing

addresses are published as an appendix to the Army's compilation of

systems of records notices.

Categories of individuals covered by the system:

Individuals who have negotiated dishonored checks at Army and Air

Force Exchange Service (AAFES) facilities and whose check cashing

privilege is under review by the General Counsel.

Categories of records in the system:

Individual's name, Social Security Number, indebtedness, collection

efforts, and relevant documentation.

Authority for maintenance of the system:

10 U.S.C. 3013 and 8013; Federal Claims Collection Act of 1966 (Pub

L. 89-508), as amended; Debt Collection Act of 1982 (Pub L. 97-365), as

amended by the Debt Collection Improvement Act of 1996 (Pub.L. 104-134,

section 31001); Army Regulation 215-5, Nonappropriated Funds Accounting

Policy and Reporting Procedures; AR 60-20/AFR 147-14, Army and Air

Force Exchange Service Operating Policies; and E.O. 9397 (SSN).

Purpose(s):

To collect dishonored check indebtedness.

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 a private contractor for the purpose of collection services to

recover moneys owed to the U.S. Government.

The `Blanket Routine Uses' set forth at the beginning of the Army's

compilation of systems of records notices apply to this system.

Disclosures 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:

Paper and automated records.

Retrievability:

By surname and Social Security Number of the individual responsible

for dishonored check.

Safeguards:

Records are maintained in buildings having security guard and are

accessed only by personnel having official need therefor who are

properly screened, cleared and trained.

Retention and disposal:

Records are retained by the Office of the General Counsel until

indebtedness has been satisfied, determined to be uncollectible, or

additional administrative action is required. Upon completion, records

are transferred to the Accounts Receivable Division (FA-O/R) and

maintained with appropriate check cashing privilege records and

destroyed after 10 years.

System manager(s) and address:

Commander, Army and Air Force Exchange Service, 3911 S. Walton

Walker Boulevard, Dallas, TX 75236-1598.

Notification procedure:

Individuals seeking to determine whether information about

themselves is contained in this system should address written inquiries

to the Commander, Army and Air Force Exchange Service, ATTN: General

Counsel, 3911 S. Walton Walker Boulevard, Dallas, TX 75236-1598.

Individual should provide their full name, Social Security Number,

current address and telephone number, latest correspondence from AAFES

if available, and signature.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system should address written inquiries to the

Commander, Army and Air Force Exchange Service, ATTN: General Counsel,

3911 S. Walton Walker Boulevard, Dallas, TX 75236-1598.

Individual should provide their full name, Social Security Number,

current address and telephone number, latest correspondence from AAFES

if available, and signature.

Contesting record procedures:

The Army's rules for accessing records and for contesting contents

and appealing initial agency determinations are contained in Army

Regulation 340-21; 32 CFR part 505; or may be obtained from the system

manager.

Record source categories:

From the individual, his/her employer, law enforcement

investigative

[[Page 44263]]

agencies, banking facilities, consumer reporting agencies, and sources

that furnish information regarding individual's credit.

Exemptions claimed for the system:

None.

AAFES 0702.34

System name:

Accounts Receivable Files (August 9, 1996, 61 FR 41587).

Changes:

* * * * *

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

Add a new paragraph `To the Department of the Treasury, Financial

Management Service, for the purpose of collecting delinquent debts owed

to the U.S. Government via administrative offset.'

* * * * *

AAFES 0702.34

System name:

Accounts Receivable Files.

System location:

Headquarters, Army and Air Force Exchange Service, 3911 S. Walton

Walker Boulevard, Dallas, TX 75236-1598;

Army and Air Force Exchange Service-Europe, Europe Accounting

Support Office, CMR 429, APO AE 09054;

Army and Air Force Exchange Service-Pacific Rim, Accounting Support

Center, Unit 35163, APO AP 96378-5163; and

Post and base exchanges within the Army and Air Force Exchange

Service (AAFES) system. Official mailing addresses are published as an

appendix to the Army's compilation of systems of records notices.

Categories of individuals covered by the system:

Army and Air Force Exchange Service customers (military, retirees,

civilian, and civilian dependents).

Categories of records in the system:

Case files relating to debts owed by individuals, including

dishonored checks, deferred payment plans, home layaway, salary/travel

advances, pecuniary liability claims and credit cards. These files

include all correspondence to the debtor/his or her commander, notices

from banks concerning indebtedness, originals or copies of returned

checks, envelopes showing attempts to contact the debtor, payment

documentation, pay adjustment authorizations, deferred payment plan

applications, charges and statements or accounts, and home layaway

cards.

Authority for maintenance of the system:

10 U.S.C. 3013 and 8013; Federal Claims Collection Act of 1966

(Pub.L. 89-508, as amended); Debt Collection Act of 1982 (Pub.L. 97-

365), as amended by the Debt Collection Improvement Act of 1996 (Pub.L.

104-134, section 31001); Army Regulation 215 5, Nonappropriated Funds

Accounting Policy and Reporting Procedures; AR 60-20/AFR 147-14, Army

and Air Force Exchange Service Operating Policies; and E.O. 9397 (SSN).

Purpose(s):

To process, monitor, and post audit accounts receivable, to

administer the Federal Claims Collection Act, and to answer inquiries

pertaining thereto.

To collect indebtedness.

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. Department of Justice/U.S. Attorneys for legal action

and/or final disposition of the debt claim.

To the Internal Revenue Service (IRS) to obtain locator status for

delinquent accounts receivables (controls exist to preclude

redisclosure of solicited IRS address data; and/or to report write-off

amounts as taxable income as pertains to amounts compromised and

accounts barred from litigation due to age).

To private collection agencies for collection action when the

internal collection efforts have been exhausted.

To the Department of the Treasury, Financial Management Service,

for the purpose of collecting delinquent debts owed to the U.S.

Government via administrative offset.

The `Blanket Routine Uses' that appear at the beginning of the

Army's compilation of systems of records notices 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:

Paper and automated records.

Retrievability:

Retrieved by customer's surname or Social Security Number.

Safeguards:

Records are maintained in areas accessible only by authorized

personnel within AAFES-FA-O/R.

Retention and disposal:

Records are retained in current files until close of fiscal year in

which receivable is cleared. At year end, files are stored for 10 years

and subsequently destroyed by shredding.

System manager(s) and address:

Commander, Army and Air Force Exchange Service, 3911 S. Walton

Walker Boulevard, Dallas, TX 75236-1598.

Notification procedure:

Individuals seeking to determine whether this system of records

contains information about themselves should address written inquiries

to the Commander, Army and Air Force Exchange Service, ATTN: Chief,

Accounts Receivable Division, Comptroller Division, 3911 S. Walton

Walker Boulevard, Dallas, TX 75236-1598.

Individuals should provide full name, Social Security Number, or

other acceptable identifying information that will facilitate locating

the records.

Record access procedures:

Individuals seeking access to information about themselves

contained in this system of records should address written inquiries to

the Commander, Army and Air Force Exchange Service, ATTN: Chief,

Accounts Receivable

[[Page 44264]]

Division, Comptroller Division, 3911 S. Walton Walker Boulevard,

Dallas, TX 75236-1598.

Individuals should provide full name, Social Security Number, or

other acceptable identifying information that will facilitate locating

the records.

Contesting record procedures:

The Army's rules for accessing records and for contesting contents

and appealing initial agency determinations are published in Army

Regulation 340-21; 32 CFR part 505; or may be obtained from the system

manager.

Record source categories:

From the customer and from correspondence between AAFES and

Vendors.

Exemptions claimed for the system:

None.

[FR Doc. 97-21973 Filed 8-19-97; 8:45 am]

BILLING CODE 5000-04-F

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.

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