[Federal Register Volume 61, Number 2 (Wednesday, January 3, 1996)]
[Notices]
[Pages 157-159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-00021]
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DEPARTMENT OF AGRICULTURE
Privacy Act of 1974: Notice of a Computer Matching Program for
Federal Salary Offset
AGENCY: Farm Service Agency (FSA) and the Rural Housing Service (RHS),
formerly the Farmers Home Administration (FmHA); Federal Crop Insurance
Corporation (FCIC); Commodity Credit Corporation (CCC); and Office of
the Chief Financial Officer (OCFO)/National Finance Center, (Agencies
of the United States Department of Agriculture (USDA). Throughout this
notice referred to as USDA).
ACTION: Notice of computer matching program between United States
Department of Agriculture (USDA) and the United States Postal Service
(USPS).
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SUMMARY: USDA is giving notice that it intends to conduct a computer
matching program with the USPS in order to identify USPS employees who
owe certain types of delinquent debts to the United States Government
under various program administered by the above USDA agencies on
account of loans, fees, overpayments, or entitlements.
DATES: Comment must be received February 2, 1996 to be considered.
Unless comments are received which result in a contrary determination,
the matching program covered by this Notice will begin no sooner than
February 12, 1996.
ADDRESSES: Comments should be addressed to Reynaldo Gonzalez, USDA/
OCFO, 14th and Independence Avenue, Room 3313, South Building,
Washington, D.C. 20250.
SUPPLEMENTARY INFORMATION: Pursuant to a subsection (o) of the Privacy
Act of 1974, as amended, (5 U.S.C. Section 552a), USDA and USPS have
concluded an agreement to conduct a computer matching program. The
purpose of the match is to exchange personal data between the agencies
for collection of delinquent debts from defaulters of obligations held
by USDA. The match will yield the identity and location of the debtors
who are also employees of USPS so that USDA can pursue recoupment of
the debts by voluntary payment or by salary offset procedure. Computer
matching appears to be the most efficient and effective manner to
accomplish this task with the least amount of intrusion into the
personal privacy of the individuals concerned.
A copy of the computer matching agreement between USDA and USPS is
available to the public upon request. Requests should be submitted to
the Debt Collection Coordinator, USDA, 14th and Independence Avenue,
SW, Room 3313, South Building, Washington, D.C. 20250.
This notice is being published as required by Section (e)(12) of
the Privacy Act of 1994 (5 U.S.C. 552a(e)(12)), as amended by the
Computer Matching and Privacy Protection Act of 1988 (Public Law 100-
503).
The following information is provided as required by paragraph 5b
of Appendix I to Office of Management and Budget Circular A-130, dated
July 15, 1994.
1. Participating agencies. The recipient agency is USPS. The source
agency is USDA.
2. Beginning and ending dates. The matching program will continue
in effect no longer than 18 months. If within three months of the
expiration date, the Data Integrity Boards of both USDA and the USPS
find that the matching program can be conducted without change and both
USDA and the USPS certify that the matching program has been conducted
in compliance with the matching agreement, the matching program may be
extended for one additional year.
3. Purpose of the match. The purpose of the match is to identify
and locate USPS employees receiving any Federal salary or benefit
payments who are delinquent in their repayment of debts owed to the
United States government under the programs administered by the USDA,
to permit the USDA to pursue and collect the debt by voluntary
repayments or salary offset procedures.
The names of USPS employees identified through the matching program
will be removed from lists of delinquent debts being referred to the
Internal Revenue Service (IRS) for collection from Federal income tax
refunds. This action is required to conform to an IRS requirement for
the Income Tax Refund Offset Program.
4. Description of the match. The subject matching program will
involve several steps. USDA will provide USPS one or more magnetic
computer tapes of claims submitted by USDA agencies. By computer, USPS
will compare that information with its payroll file, establishing
matched individuals on the basis of Social Security Numbers (SSN's).
For each matched individual, USPS will provide to USDA the individual's
name, SSN, home address, work location and information concerning the
individual's employment status as permanent or temporary.
The respective agencies will verify identity and debtor status of
the matched individuals by manually comparing the list of matched
individuals to their records of the debts, by conducting independent
inquiries when necessary to resolve questionable identities, and by
verifying that the debt is still delinquent.
In addition to verifying debtor identity and the status of the
debt, prior to USDA taking any steps to effect involuntary offset of
USPS employee salaries, USDA agencies will provide debtors with a 30-
day written notice stating the amount of the debt and that the debtor
may repay it voluntarily. Debts not repaid voluntarily would be
referred to USPS for involuntary salary offset. Individuals verified as
owing delinquent debts to USDA will be afforded all applicable due
process rights contained in the Debt Collection Act.
5. Legal authorities. This matching program will be conducted under
the following authorities:
(a) The Debt Collection Act of 1982 (5 U.S.C. 5514), which gives
Federal agencies the authority to offset the salaries of Federal and
USPS employees who are delinquent on debts owed to the Federal
Government.
(b) Office of Personnel Management (OPM) regulations, 5 CFR Part
550, Subpart K (Collection by Offset from Indebted Government
Employees), Sections 5550.1101-1108, which set the standards for
Federal agency rules implementing the Debt Collection Act; and
(c) USDA regulations at 7 CFR Part 3, Subpart C, which implement 5
U.S.C. 5514 and OPM regulations, and which authorize USDA agencies to
issue regulations governing debt collection by salary offset (7 CFR
3.68).
6. Categories of individuals involved. Delinquent debtors who have
received benefits from USDA program agencies.
7. Systems of Records and Estimation of Number of Records Involved.
(a) The USPS will provide extracts from its Privacy Act System of
Records USP 050.020, Finance Records-Payroll System, containing payroll
records on approximately 700,000 current USPS employees. Disclosure
will be made under routine use 24 of that system, a full description of
which was last published in 57 FR 57515, dated December 4, 1992.
(b) The USDA will provide extracts from its (1) Applicant/Borrower
or Grantee File (USDA/FmHA-1), containing records on approximately
762,000 debtors (approximately 88,000 of the 762,000 records will be
sent for the match), a full description of which was last published in
the Federal Register at 53 FR 5205 on February 1988 (routine use number
2); (2) Accounts
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Receivable (USDA/FCIC-1), containing records on approximately 3,600
debtors (approximately 3,600 will be sent for the match), a full
description of which was last published in the Federal Register at 53
FR 4047 on February 11, 1988 (routine use number 9); (3) Claims Data
Base (Automated) (USDA/ASCS-28), containing records on approximately
25,000 debtors, (approximately 25,000 will be sent for the match) a
full description of which was last published in the Federal Register
at 53 FR 12175 on April 13, 1988 (routine use number 9); and (4)
Administrative Billings and Collections (USDA/OFM-3), containing
records on approximately 46,500 debtors (approximately 4,500 will be
sent for the match) a full description of which was last published in
the Federal Register at 54 FR 25883 on June 20, 1989 (routine use
number 6).
8. Individual notice and opportunity to contest. USDA will provide
to matched individuals due process consisting of USDA's verification of
debt; 30-day written notice to the debtor explaining the debtor's
rights; provision for debtor to examine and copy of the USDA's
documentation of the debt; provision for debtor to seek USDA's review
of the debt and opportunity for the individual to enter into a written
agreement satisfactory to USDA for repayment. Prior to use of the
salary offset provision, an individual will be afforded the opportunity
for a hearing concerning the amount or existence of the debt or the
offset repayment schedule. The hearing will be before an individual not
under the supervision or control of the Secretary, USDA. Unless the
individual notifies USDA otherwise within 30 days from the date of the
notice, USDA will conclude that the date provided to the individual is
correct and will take the necessary action to recoup the debt.
9. Inclusive date of the matching program. This computer matching
program is subject to review by the Office of Management and Budget
(OMB) 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
having been received that would result in a contrary determination,
then this computer matching program becomes effective and the
respective agencies may begin the exchange of data on the later of 30
days after the date of this published notice or 40 days after notice to
OMB and Congress, at a mutually agreeable time. Exchange of data will
be repeated on an annual basis, unless OMB or the Treasury Department
requests a match twice a year. Under no circumstances will the matching
program be implemented before the respective 30 and 40-day notice
periods have elapsed, as this time period cannot be waived. By
agreement between USDA and USPS, the matching program will be in effect
and continue for 18 months with an option to renew for 12 additional
months. The matching program may be terminated by written notification
from either participating agency to the other.
10. Address for receipt of public comments or inquiries. Reynaldo
Gonzalez, USDA/OCFO, 14th and Independence Avenue, SW, Room 3313, South
Building, Washington, DC 20250. Telephone (202) 720-1168.
Signed at Washington, DC on December 21, 1995.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 96-00021 Filed 1-2-96; 8:45 am]
BILLING CODE 3410-KS-M
