[Federal Register Volume 60, Number 222 (Friday, November 17, 1995)]
[Notices]
[Pages 57700-57702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28376]
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DEPARTMENT OF DEFENSE
Privacy Act of 1974; Notice of a Computer Matching Program
Between the Department of Justice 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
Justice (DOJ) 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 DOJ and DoD
that their records are being matched by computer. The record subjects
are DOJ 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 DOJ so as to permit DOJ 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 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 DOJ 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
[[Page 57701]]
within the Federal government so that DOJ 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 DOJ and DMDC is
available upon request to the public. Requests should be submitted to
the address caption above or to the Debt Accounting Operations Group,
Debt Collection Management, Department of Justice, P.O. Box 177, Ben
Franklin Station, Washington, DC 20044.
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
November 8, 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.
Dated: November 13, 1995.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE DEPARTMENT OF
JUSTICE AND THE DEPARTMENT OF DEFENSE FOR DEBT COLLECTION
A. Participating agencies: Participants in this computer matching
program are the Department of Justice (DOJ) and the Defense Manpower
Data Center (DMDC) of the Department of Defense (DoD). The DOJ 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, DOJ
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, which are being litigated by or are
payable directly to DOJ. DOJ 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 DOJ 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: 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, as amended, Under Secretary of Defense for Personnel
Readiness; 10 U.S.C. 138, as amended, Assistant Secretaries of Defenses
101(1) of Executive Order 12731; 4 CFR Ch. 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 28 CFR part 11, Debt Collection Salary
and Administrative Offset - DOJ.
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:
DOJ will use records from the Privacy Act record system identified
as Justice/JMD-009, entitled 'Debt Collection Offset Payment System,
Justice/JMD-009,' last published in the Federal Register at 59 FR 17111
on April 11, 1994.
DOD will use records from the record system identified as S322.11
DMDC, entitled 'Federal Creditor Agency Debt Collection Data Base,'
last published in the Federal Register at 58 FR 10875 on February 22,
1993.
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: DOJ will provide DMDC
with a magnetic tape which contains the names and social security
numbers of delinquent debtors. Upon receipt of the computer tape file
of debtor accounts, DMDC will perform a computer match against a DMDC
computer database, using all nine digits of the SSN, as well as the
first four characters of the individuals' last names, of the DOJ file.
The DMDC database, established under an interagency agreement between
DOD, OPM, OMB, and the Department of the Treasury, consists of
employment records of non-postal Federal employees and military
members, active, and retired. Matching records ('hits'), based on the
SSN and last names, will produce the individual's name, service or
agency, category of employee, and current work or home address. A
magnetic tape containing the hits or matches will be furnished to DOJ.
DOJ is responsible for verifying and determining that the data on
the DMDC reply tape file are consistent with DOJ's source file and for
resolving any discrepancies or inconsistencies on an individual basis.
The DOJ Debt Accounting Operations Group (DAOG) will extract from the
tape and send to each DOJ collection office (various U.S. Attorneys'
offices around the country, DOJ litigating divisions and other DOJ
collection components, e.g., BOP, INS, etc.) a hard copy listing of
only those matches which come under the enforcement/collection
jurisdiction of that particular office.
The magnetic computer tape provided by DOJ will contain data
elements of the name and SSN, of approximately 50,000 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 57702]]
wide Federal civilian records of current and retired Federal employees.
DOD will match the SSN on the DOJ magnetic tape by computer against
the DMDC database. Matching records, hits based on SSN, will produce
data elements of the individual'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 on a six month basis.
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 DOJ 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. 95-28376 Filed 11-16-95; 8:45 am]
BILLING CODE 5000-04-F
