# Privacy Act of 1974; System of Records > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-28675 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** November 4, 1999 - **Citation:** 64 FR 60178 ## Text DEPARTMENT OF DEFENSE Department of the Army Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to alter a system of records. ----------------------------------------------------------------------- SUMMARY: The Department of the Army is altering 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. The routine use being added to AAFES 0702.34, entitled Accounts Receivable Files, allows disclosure of information to employers for the purpose of collecting debts owed to the United States. The routine use reads as follows: `To any employer (person or entity) that employs the services of others and that pays their wages or salaries, where the employee owes a delinquent nontax debt to the United States. The term employer includes, but is not limited to, State and local governments, but does not include any agency of the Federal Government. DATES: This proposed action will be effective without further notice on December 6, 1999, unless comments are received which result in a contrary determination. ADDRESSES: Privacy Act Officer, Records Management Program Division, U.S. 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 October 19, 1999, to the House Committee on Government Reform, 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: October 27, 1999. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. AAFES 0702.34 SYSTEM NAME: Accounts Receivable Files (August 20, 1997, 62 FR 44263). CHANGES: * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with `10 U.S.C. 3013, Secretary of the Army and 10 U.S.C. 8013, Secretary of the Air Force; 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); AR 60-20/AFR 147-14, Army and Air Force Exchange Service Operating Policies; and E.O. 9397 (SSN); 31 CFR 285.11, Administrative Wage Garnishment; DoD 7000.14-4, DoD Financial Management Regulation. * * * * * ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES; Add a new paragraph `To any employer (person or entity) that employs the services of others and that [[Page 60179]] pays their wages or salaries, where the employee owes a delinquent nontax debt to the United States. The term employer includes, but is not limited to, State and local governments, but does not include any agency of the Federal Government'. * * * * * 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, Secretary of the Army and 10 U.S.C. 8013, Secretary of the Air Force; 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); AR 60-20/AFR 147-14, Army and Air Force Exchange Service Operating Policies; and E.O. 9397 (SSN); 31 CFR 285.11, Administrative Wage Garnishment; DoD 700.14-R, DoD Financial Management Regulation. PURPOSES(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. To any employer (person or entity) that employs the services of others and that pays their wages or salaries, where the employee owes a delinquent nontax debt to the United States. The term employer includes, but is not limited to, State and local governments, but does not include any agency of the Federal Government. 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 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. [[Page 60180]] 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. 99-28675 Filed 11-3-99; 8:45 am] BILLING CODE 5001-10-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-28675. Public record. Not legal advice.