95-1373. Privacy Act of 1974; Computer Matching Program Between the Department of Housing and Urban Development and the Defense Manpower Data Center of the Department of Defense  

  • [Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
    [Notices]
    [Pages 4154-4156]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1373]
    
    
    
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    DEPARTMENT OF DEFENSE
    
    Privacy Act of 1974; Computer Matching Program Between the 
    Department of Housing and Urban Development and the Defense Manpower 
    Data Center of the Department of Defense
    
    AGENCY: Defense Manpower Data Center, Defense Logistics Agency, 
    Department of Defense.
    
    ACTION: Notice of a computer matching program between the Department of 
    Housing and Urban Development (HUD) and the Department of Defense (DoD) 
    for public comment.
    
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    SUMMARY: Subsection (e)(12) of the Privacy Act of 1974, as amended, (5 
    U.S.C. 552a) requires agencies to publish advance notice of any 
    proposed or revised computer matching program by the matching agency 
    for public comment. The DoD, as the matching agency under the Privacy 
    Act is hereby giving constructive notice in lieu of direct notice to 
    the record subjects of a computer matching program between HUD and DoD 
    that their records are being matched by computer. The record subjects 
    are HUD delinquent debtors who may be current or former Federal 
    employees receiving Federal salary or benefit payments and who are 
    delinquent in their repayment of debts owed to the United States 
    Government under programs administered by HUD so as to permit HUD to 
    pursue and collect the debt by voluntary repayment or by administrative 
    or salary offset procedures under the provisions of the Debt Collection 
    Act of 1982.
    
    DATES: This proposed action will become effective February 21, 1995, 
    and the computer matching will proceed accordingly without further 
    notice, unless comments are received which would result in a contrary 
    determination or if the Office of Management and Budget or Congress 
    objects thereto. Any public comment must be received before the 
    effective date.
    
    ADDRESSES: Any interested party may submit written comments to the 
    Director, Defense Privacy Office, Crystal Mall 4, Room 920, 1941 
    Jefferson Davis Highway, Arlington, VA 22202-4502.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, Jr. at telephone 
    (703) 607-2943.
    
    SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
    Act of 1974, as amended, (5 U.S.C. 552a), the DMDC and HUD have 
    concluded an agreement to conduct a computer matching program between 
    the agencies. The purpose of the match is to exchange personal data 
    between the agencies for [[Page 4155]] debt collection. The match will 
    yield the identity and location of the debtors within the Federal 
    government so that HUD can pursue recoupment of the debt by voluntary 
    payment or by administrative or salary offset procedures. Computer 
    matching appeared to be the most efficient and effective manner to 
    accomplish this task with the least amount of intrusion of personal 
    privacy of the individuals concerned. It was therefore concluded and 
    agreed upon that computer matching would be the best and least 
    obtrusive manner and choice for accomplishing this requirement.
        A copy of the computer matching agreement between HUD and DMDC is 
    available upon request to the public. Requests should be submitted to 
    the address caption above or to the Systems Accountant, Control and 
    Analysis Division, Department of Housing and Urban Development, 451 7th 
    Street, SW, Room 2124, Washington, DC 20410-8000. Telephone (202) 708-
    4256.
        Set forth below is the notice of the establishment of a computer 
    matching program required by paragraph 6.c. of the Office of Management 
    and Budget Guidelines on computer matching published in the Federal 
    Register at 54 FR 25818 on June 19, 1989.
        The matching agreement, as required by 5 U.S.C. 552a(r) of the 
    Privacy Act, and an advance copy of this notice was submitted on 
    January 9, 1995, to the Committee on Government Operations of the House 
    of Representatives, the Committee on Governmental Affairs of the 
    Senate, and the Administrator of the Office of Information and 
    Regulatory Affairs, Office of Management and Budget pursuant to 
    paragraph 4d of Appendix I to OMB Circular No. A-130, `Federal Agency 
    Responsibilities for Maintaining Records about Individuals,' dated July 
    15, 1994 (59 FR 37906, July 25, 1994). The matching program is subject 
    to review by OMB and Congress and shall not become effective until that 
    review period has elapsed.
    
        Dated: January 13, 1995
    
    Patricia L. Toppings,
    Alternate OSD Federal Register Liaison Officer, Department of Defense.
    
    Notice of a Computer Matching Program between the Department of 
    Housing and Urban Development and the Department of Defense for 
    Debt Collection
    
        A. Participating Agencies: Participants in this computer matching 
    program are the Department of Housing and Urban Development (HUD) and 
    the Defense Manpower Data Center (DMDC) of the Department of Defense 
    (DoD). The HUD is the source agency, i.e., the activity disclosing the 
    records for the purpose of the match. The DMDC is the specific 
    recipient activity or matching agency, i.e., the agency that actually 
    performs the computer matching.
    
        B. Purpose of the match: Upon the execution of an agreement, the 
    HUD will provide and disclose debtor records to DMDC to identify and 
    locate any matched Federal personnel, employed or retired, who may owe 
    delinquent debts to the Federal Government under certain programs 
    administered by the DOD. The HUD will use this information to initiate 
    independent collection of those debts under the provisions of the Debt 
    Collection Act of 1982 when voluntary payment is not forthcoming. These 
    collection efforts will include requests by the HUD of any employing 
    Federal agency to apply administrative and/or salary offset procedures 
    until such time as the obligation is paid in full.
    
        C. Authority for conducting the match: The legal authority for 
    conducting the matching program is contained in the Debt Collection Act 
    of 1982 (Pub. L. 97-365), 31 U.S.C. Chapter 37, Subchapter I (General) 
    and Subchapter II (Claims of the United States Government), 31 U.S.C. 
    3711 Collection and Compromise, 31 U.S.C. 3716 Administrative Offset, 5 
    U.S.C. 5514 Installment Deduction for Indebtedness (Salary Offset); 10 
    U.S.C. 136, Assistant Secretaries of Defense, Appointment Powers and 
    Duties; section 206 of Executive Order 11222; 4 CFR chapter II, Federal 
    Claims Collection Standards (General Accounting Office)--Department of 
    Justice); 5 CFR 550.1101--550.1108 Collection by Offset from Indebted 
    Government Employees (OPM); 29 CFR part 17, Administrative Claims, 
    subpart C, 17.60 and 17.125-17.140, Salary Offset Provisions (HUD) 
    implementing 5 U.S.C. 5514(b)(1).
    
        D. Records to be matched: The systems of records maintained by the 
    respective agencies under the Privacy Act of 1974, as amended, 5 U.S.C. 
    552a, from which records will be disclosed for the purpose of this 
    computer match are as follows:
        HUD will use personal data from the record system identified as 
    HUD/DEPT 2, entitled `Accounting Records' last published in the Federal 
    Register at 59 FR 52985 on October 20, 1994.
        DMDC will use personal data from the record systems identified as 
    S322.11 DMDC, entitled `Federal Creditor Agency Debt Collection Data 
    Base,' last published in the Federal Register on February 22, 1993, at 
    58 FR 10875.
        Sections 5 and 10 of the Debt Collection Act (Pub.L. 97-365) 
    authorize agencies to disclose information about debtors in order to 
    effect salary or administrative offsets. Agencies must publish routine 
    uses pursuant to subsection (b)(3) of the Privacy Act for those systems 
    of records from which they intend to disclose this information. 
    Sections 5 and 10 of the Debt Collection Act will comprise the 
    necessary authority to meet the Privacy Act's `compatibility' 
    condition. The systems of records described above contain an 
    appropriate routine use disclosure between the agencies of the 
    information proposed in the match. The routine use provisions are 
    compatible with the purpose for which the information was collected.
    
        E. Descritpion of computer matching program: The HUD, as the source 
    agency, will provide DMDC with a magnetic computer tape which contains 
    the names of delinquent debtors in programs the HUD administers. Upon 
    receipt of the magnetic computer tape file of debtor accounts, DMDC 
    will perform a computer match using all nine digits of the SSN of the 
    HUD file against a DMDC computer database. The DMDC database, 
    established under an interagency agreement between DOD, OPM, OMB, and 
    the Department of the Treasury, consists of employment records of 
    Federal employees and military members, active, and retired. Matching 
    records (`hits'), based on the SSN, will produce the member's name, 
    service or agency, category of employee, and current work or home 
    address. The hits or matches will be furnished to the HUD. The HUD is 
    responsible for verifying and determining that the data on the DMDC 
    reply tape file are consistent with the HUD source file and for 
    resolving any discrepancies or inconsistencies on an individual basis. 
    The HUD will also be responsible for making final determinations as to 
    positive identification, amount of indebtedness and recovery efforts as 
    a result of the match.
        The magnetic computer tape provided by HUD will contain data 
    elements of the debtor's name, Social Security Number, debtor status 
    and debt balance, internal account numbers and the total amount owed on 
    approximately 175,000 delinquent debtors.
        The DMDC computer database file contains approximately 10 million 
    records of active duty and retired military members, including the 
    Reserve and Guard, and the OPM government [[Page 4156]] wide Federal 
    civilian records of current and retired Federal employees.
    
        F. Inclusive dates of the matching program: This computer matching 
    program is subject to review by the Office of Management and Budget and 
    Congress. If no objections are raised by either, and the mandatory 30 
    day public notice period for comment has expired for this Federal 
    Register notice with no significant adverse public comments in receipt 
    resulting in a contrary determination, then this computer matching 
    program becomes effective and the respective agencies may begin the 
    exchange of data 30 days after the date of this published notice at a 
    mutually agreeable time and will be repeated annually. Under no 
    circumstances shall the matching program be implemented before the 30 
    day public notice period for comment has elapsed as this time period 
    cannot be waived. By agreement between HUD and DMDC, the matching 
    program will be in effect and continue for 18 months with an option to 
    renew for 12 additional months unless one of the parties to the 
    agreement advises the other by written request to terminate or modify 
    the agreement.
    
        G. Address for receipt of public comments or inquiries: Director, 
    Defense Privacy Office, Crystal Mall 4, Room 920, 1941 Jefferson Davis 
    Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.
    
    [FR Doc. 95-1373 Filed 1-19-95; 8:45 am]
    BILLING CODE 5000-04-F
    
    

Document Information

Effective Date:
2/21/1995
Published:
01/20/1995
Department:
Defense Department
Entry Type:
Notice
Action:
Notice of a computer matching program between the Department of Housing and Urban Development (HUD) and the Department of Defense (DoD) for public comment.
Document Number:
95-1373
Dates:
This proposed action will become effective February 21, 1995, and the computer matching will proceed accordingly without further notice, unless comments are received which would result in a contrary determination or if the Office of Management and Budget or Congress objects thereto. Any public comment must be received before the effective date.
Pages:
4154-4156 (3 pages)
PDF File:
95-1373.pdf