Notice2024-13119
Privacy Act of 1974; System of Records
Primary source
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Published
June 14, 2024
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, "Defense Debt Management Records," DoD-0022. This system of records covers DoD's maintenance of records about individuals who have an outstanding debt owed to DoD, and the documentation relating to the debt collection activities.
Full Text
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<title>Federal Register, Volume 89 Issue 116 (Friday, June 14, 2024)</title>
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[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50581-50584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13119]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2024-OS-0066]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
establishing a new Department-wide system of records titled, ``Defense
Debt Management Records,'' DoD-0022. This system of records covers
DoD's maintenance of records about individuals who have an outstanding
debt owed to DoD, and the documentation relating to the debt collection
activities.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before July 15,
2024. The Routine Uses are effective at the close of the comment
period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Directorate, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700; <a href="/cdn-cgi/l/email-protection#2e617d6a006a7e6d627a6a6e434f474200434742"><span class="__cf_email__" data-cfemail="1a55495e345e4a59564e5e5a777b737634777376">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the Defense Debt Management Records, DoD-0022
as a DoD-wide Privacy Act system of records. A DoD-wide system of
records notice (SORN) supports DoD paper or electronic recordkeeping
systems operated by more than one DoD component that maintain the same
kind of information about individuals for the same purpose.
Establishment of DoD-wide SORNs helps DoD standardize the rules
governing the collection, maintenance, use, and sharing of personal
information in key areas across the enterprise. DoD-wide SORNs also
reduce duplicative and overlapping SORNs published by separate DoD
components. The creation of DoD-wide SORNs is expected to make locating
relevant SORNs easier for DoD personnel and the public and create
efficiencies in the operation of the DoD privacy program.
This system covers debt management records maintained by all
components of DoD, wherever they are maintained. The system consists of
both electronic and paper records and will be used by DoD components to
maintain records about debts owed from DoD-affiliated individuals,
including Military service members, civilian employees, dependents and
family members, contractors, and other individuals. Debts may include
but are not limited to: (1) overdue debts owed to DoD, and (2)
overpayment of benefits to individuals. The collection and maintenance
of this information will assist the DoD in meeting its obligations
under law, regulation, and policy to ensure debt management is
successfully accomplished.
Additionally, pursuant to 5 U.S.C. 552a(b)(12), disclosures may be
made from this system to consumer reporting agencies in accordance with
31 U.S.C. 3711(e).
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or on the
Privacy and Civil Liberties Directorate website at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, the DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: June 10, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Debt Management Records, DoD-0022.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 50582]]
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented, and overseen
by the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system managers for this system of records are as follows:
A. Chief Financial Officer, Office of the Under Secretary of
Defense (Comptroller), 4000 Defense Pentagon, Washington DC 20301-4000.
<a href="/cdn-cgi/l/email-protection#8ff8e7fca1e2eca2eee3eaf7a1eafceba1e2edf7a1e0fceba2e5fca2e9e0e6eea2fdeafefaeafcfbeafda2fceafdf9e6eceaa2eceae1fbeafdcfe2eee6e3a1e2e6e3">whs.mc-alex.esd.mbx.osd-js-foia-requester-service-center@mail.mil</a>.
B. Commander, Army and Air Force Exchange Service, 3911 S Walton
Walker Boulevard, Dallas, TX 75236-1598.
C. Policy official Commander, Navy Exchange Service Command, 3280
Virginia Beach Boulevard, Virginia Beach, VA 23452-5724.
D. Director, Marine Corps Business and Support Services Division
(MR) Headquarters, U.S. Marine Corps, 3044 Catlin Ave., Quantico, VA
22134-500.
E. Director, Defense Finance and Accounting Services, Debt and
Claims Department, 8899 East 56th Street, Indianapolis, IN 46249-2700,
telephone number (866) 912-6488.
F. The Privacy Act responsibilities concerning access, amendment,
and disclosure of the records have been delegated to the DoD
components. DoD components include the Military Departments of the
Army, Air Force (including the U.S. Space Force), and Navy (including
thee U.S. Marine Corps), field commands, installations, and activities.
To contact the system managers at the DoD component with oversight of
the records, go visit <a href="http://www.FOIA.gov">www.FOIA.gov</a> to locate the contact information
for each component's Freedom of Information Act (FOIA) office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5514, Installment Deduction for Indebtedness to the United
States; 10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 2783,
Nonappropriated Fund Instrumentalities: Financial Management and Use of
Nonappropriated funds; 10 U.S.C. Chapter 47--Uniform Code Of Military
Justice; 31 U.S.C. 3716, Administrative Offset; 37 U.S.C. 1007,
Deductions from pay; 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); DoD 7000.14-R, Department of Defense Financial
Management Regulation, Volume 16: Department of Defense Debt
Management; and Executive Order 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
A. To support the receipt, review, and evaluation of submissions
made to DoD debt management activities, (debt owed to DoD) on behalf of
individuals and the outcome of such submissions under 31 U.S.C. 3711,
Collection and Compromise. Debts may include but are not limited to:
(1) overdue debts owed to DoD, and (2) overpayment of benefits to
individuals.
B. To support and track the establishment, collection, compromise,
and appeal of debts individuals owe to DoD.
C. To track DoD debt management data for statistical analysis and
reporting for business optimization and to support regulatory
requirements for reporting debt.
Note: Data from this system of records may be used to support
investigation and law enforcement actions for legal and administrative
actions. These records are covered under other system of records
notices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who owe debt to DoD, or whom debts to DoD have been
paid or cancelled.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include information regarding submissions
made to DoD debt management activities. Records include:
A. Personal information: Name; customer ID number, Social Security
Number (SSN), and driver's license number; date of birth; contact
information; and any other information necessary to identity the
individual.
B. Employment information: Employer's name and contact information,
branch of service, position/grade/rank/title, personal identifiers to
include DoD ID number, employee ID number, and vendor ID number,
military affiliation information to include status (active duty,
active/inactive reserve, retired, civilian, and dependent); and branch
of Service.
C. Records establishing and relating to the debt submission:
Information includes supporting documents and correspondence that are
relevant to the nature of the matter to determine debt liability,
document subsequent actions taken and due process provided, and meet
regulatory requirements.
D. Personal financial information: Bank name, bank account number,
routing number, check number, credit and debit card numbers, debt
financial statements and communication, bankruptcy filing and dispatch
by the court; credit reports, and garnishment orders.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from: individual debtor, DoD component activity recordkeeping
systems that contain information relating to the debt; the Internal
Revenue Service; consumer reporting agencies; Department of Treasury,
private collection services, and banks, credit unions, and other
financial institutions that process payments.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a Routine Use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
relevant and necessary.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
[[Page 50583]]
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State, or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To appropriate Federal, State, local, territorial, tribal,
foreign, or international agencies for the purpose of
counterintelligence activities authorized by U.S. law or Executive
Order, or for the purpose of executing or enforcing laws designed to
protect the national security or homeland security of the United
States, including those relating to the sharing of records or
information concerning terrorism, homeland security, or law
enforcement.
L. To credit card processors, banks, and other financial
institutions to process payments made by credit or debit cards, by
check, or other payment methods.
M. To the Internal Revenue Service to obtain taxpayer mailing
address information for a debtor. Taxpayer mailing address information
obtained from the IRS may only be used to locate the individual to
collect or compromise a debt owed to DoD.
N. To the U.S. Department of the Treasury for centralized
administrative or salary offset, including the offset of federal income
tax refunds, for the purpose of collecting debts owed to the DoD.
O. To contracted private collection agencies for the purpose of
obtaining debt collection services, including administrative wage
garnishment (AWG), to recover debts owed to the DoD. This routine use
authorizes the disclosure of taxpayer address information to private
collection agencies for the sole purpose of locating the individual to
collect or compromise a debt owed to DoD.
P. To consumer reporting agencies, the disclosure of taxpayer
mailing address information obtained from the Internal Revenue Service
for the limited purpose of DoD obtaining a commercial credit report.
Authorized Disclosure to Consumer Reporting Agencies Pursuant to 5
U.S.C. 552a(b)(12):
DoD may disclose information from this system of records concerning
overdue debts to consumer reporting agencies as defined by 15 U.S.C.
1681a(f) or 31 U.S.C. 3701(a)(3). The following information may be
disclosed to consumer reporting agencies from this system of records:
the individual's name, address (disclosure of a taxpayer mailing
address obtained from the IRS is not authorized), taxpayer
identification number (SSN), and other information necessary to
establish the identity of the individual; the amount, status, and
history of the debt; and the agency or program under which the debt
arose.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by the individual's full name and DoD ID
number, SSN, or date of birth.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
General Records Schedule 1.1 provides that debt collection case
files are retained for 6 years after final payment or cancellation, but
longer retention is authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII), which includes records
covered by the Privacy Act, in paper and electronic form, and to limit
access to those with a need to know and with appropriate clearances.
Additionally, DoD has established security audit and accountability
policies and procedures which support the safeguarding of PII and
detection of potential PII incidents. DoD routinely employs safeguards,
such as the following, to paper-based and electronic information
systems, including those comprising Privacy Act systems of records:
Multifactor log-in authentication including Common Access Card (CAC)
authentication and password; physical token as required; physical and
technological access controls governing access to data; network
encryption to protect data transmitted over the network; disk
encryption securing disks storing data; key management services to
safeguard encryption keys; masking of sensitive data as practicable;
mandatory information assurance and privacy training for individuals
who will have access; identification, marking, and safeguarding of PII;
physical access safeguards including multifactor identification
physical access controls, detection and electronic alert systems for
access to servers and other network infrastructure; and electronic
intrusion detection systems in DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD office with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
[[Page 50584]]
amendment, and disclosure of the records within this system of records.
The public may identify the contact information for the appropriate DoD
office through the following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written
requests should contain the name and number of this system of records
notice along with the individual's full name, current address, and
email address. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the appropriate format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents, and
appealing initial agency determinations are contained in 32 CFR part
310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2024-13119 Filed 6-13-24; 8:45 am]
BILLING CODE 6001-FR-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.