[Federal Register Volume 60, Number 222 (Friday, November 17, 1995)]
[Notices]
[Pages 57699-57700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28375]
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DEPARTMENT OF DEFENSE
Privacy Act of 1974; Notice of a Computer Matching Program
Between the Federal Emergency Management Agency and the Defense
Manpower Data Center of the Department of Defense
AGENCY: Defense Manpower Data Center, Defense Logistics Agency,
Defense.
ACTION: Notice of a computer matching program between the Federal
Emergency Management Agency (FEMA) 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 FEMA and DoD
that their records are being matched by computer. The record subjects
are FEMA 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 FEMA so as to permit FEMA 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 18, 1995,
and the computer matching may 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 FEMA 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 FEMA 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 FEMA and DMDC is
available upon request to the public. Requests should be submitted to
the address caption above or to the Debt Collection Officer, Federal
Emergency Management Agency, Office of the Secretary, Office of
Financial Management MS 7258 MIB, Washington, DC 20240. Telephone (202)
208-4703.
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 a copy of this notice will be submitted for review 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. A130, `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: November 13, 1995.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND THE DEPARTMENT OF DEFENSE FOR DEBT COLLECTION
A. Participating agencies: Participants in this computer matching
program are the Federal Emergency Management Agency (FEMA) and the
Defense Manpower Data Center (DMDC) of the Department of Defense (DoD).
FEMA is the source agency, i.e., the activity disclosing the records
for the purpose of the match. 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
FEMA 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. FEMA 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 FEMA 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 (Public Law 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, as amended, Under Secretary of Defense for
Personnel and Readiness; 10 U.S.C. 138, as amended, Assistant
Secretaries of Defense; section 101(1) of Executive Order 12731; 4 CFR
Ch. II, Federal Claims Collection Standards (General Accounting Office
-Department
[[Page 57700]]
of Justice); 5 CFR 550.1101 - 550.1108 Collection by Offset from
Indebted Government Employees (OPM); 44 CFR 11.43 Salary Offset and 44
CFR 11.45 Administrative Offset (Federal Emergency Management Agency).
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:
FEMA will use personal data from the record system identified as
FEMA/OC-2, entitled 'Debt Collection Files' last published in the
Federal Register at 58 FR 63986 on December 3, 1993.
DMDC will use personal data from the record system 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 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: FEMA, as the source
agency, will provide DMDC with an electronic file which contains the
names of delinquent debtors in programs the FEMA administers. Upon
receipt of the electronic file of debtor accounts, DMDC will perform a
computer match using all nine digits of the SSN of the FEMA 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 FEMA. FEMA is responsible for verifying and
determining that the data on the DMDC reply tape file are consistent
with the FEMA source file and for resolving any discrepancies or
inconsistencies on an individual basis. FEMA 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 electronic file provided by FEMA 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 5,600 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 Federal civilian records
of current and retired Federal employees.
DMDC will match the SSN on the FEMA electronic file by computer
against the DMDC database. Matching records, hits based on SSN, will
produce data elements of the member's name, SSN, service or agency, and
current work or home address.
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 semiannually. 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 FEMA 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. 95-28375 Filed 11-16-95; 8:45 am]
BILLING CODE 5000-04-F
