[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Notices]
[Pages 55550-55551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27114]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
Privacy Act of 1974; Computer Matching Program Between the United
States Department of Agriculture 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 United States
Department of Agriculture (USDA) 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 USDA and DoD
that their records are being matched by computer. The record subjects
are USDA delinquent debtors who may be current or former Federal
employees receiving Federal salary or benefit payments and who are
indebted and or delinquent in their repayment of debts owed to the
United States Government under programs administered by USDA so as to
permit USDA 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 December 1, 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 USDA 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 debt collection. The match will yield the
identity and location of the debtors within the Federal government so
that USDA 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 USDA and DMDC is
available upon request to the public. Requests should be submitted to
the address caption above or to the Mr. Reynaldo Gonzalez, U.S.
Department of Agriculture, Debt Collection Coordinator, 14th and
Independence Avenue, SW, Room 3019, South Building, Washington, DC
20250. Telephone (202) 720-1168.
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
October 19, 1995, to the Committee on Government Reform and Oversight
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.
[[Page 55551]]
Dated: October 26, 1995.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE UNITED STATES
DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF DEFENSE FOR DEBT
COLLECTION
A. Participating Agencies: Participants in this computer matching
program are the United States Department of Agriculture (USDA) and the
Defense Manpower Data Center (DMDC) of the Department of Defense (DoD).
The USDA 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 this agreement, the
USDA will provide and disclose debtor records to DMDC to identify and
locate any matched Federal personnel, employed or retired, who owe
delinquent debts to the Federal Government under certain programs
administered by the USDA. The USDA 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 USDA
of the employing 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: 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), 31U.S.C.
section 3711 Collection and Compromise, 31 U.S.C. section 3716
Administrative Offset, 5 U.S.C. section 5514 Installment Deduction for
Indebtedness (Salary Offset); 10 U.S.C. section 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); and 7 CFR part 3, Debt Management (USDA).
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:
Record system identified as Applicant/Borrower or Grantee File
(USDA/FmHA-1), routine use number 2, last published in the Federal
Register at 53 FR 5205 on February 22, 1988.
Record system identified as Accounts Receivable (USDA/FCIC-1),
routine use number 9, last published in the Federal Register at 53 FR
4047 on February 11, 1988.
Record system identified as Claims Data Base (Automated) (USDA/
ASCS-28), routine use number 8, last published in the Federal Register
at 53 FR 2517 on January 28, 1988.
Record system identified as Administrative Billings and Collections
(USDA/OFM-3), routine use number 6, last published in the Federal
Register at 54 FR 25883 on June 20, 1989.
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. Description of computer matching program: USDA, as the source
agency, will provide DMDC with a magnetic tape which contains the names
of delinquent debtors in programs the USDA administers. Upon receipt of
the computer tape file of debtor accounts, DMDC will perform a computer
match using all nine digits of the SSN of the USDA 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 USDA. The USDA is responsible for verifying and
determining that the data on the DMDC reply tape file are consistent
with the USDA's source file and for resolving any discrepancies or
inconsistencies on an individual basis. The USDA 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 USDA will contain data
elements of the debtor's name, Social Security Number, internal account
numbers and the total amount owed on approximately 121,000 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 wide non-postal 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 USDA 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. 95-27114 Filed 10-31-95; 8:45 am]
BILLING CODE 5000-04-F
