[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38439-38441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18707]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
Privacy Act of 1974; Computer Matching Program Between the
Department of the Treasury and the Defense Manpower Data Center of the
Department of Defense
AGENCY: Defense Manpower Data Center, Defense Logistics Agency,
Department of Defense.
ACTION: Proposed computer matching program between the Department of
the Treasury and the Defense Manpower Data Center of the Department of
Defense (DoD).
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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. Defense Manpower Data Center (DMDC), as the
matching agency under the Privacy Act of 1974, as amended, (5 U.S.C.
552a), is hereby giving constructive notice in lieu of direct notice to
the record subjects of a proposed computer matching program between the
Department of the Treasury and DMDC that their records are being
matched by computer. The record subjects are delinquent debtors of the
Bureau of the Public Debt, Department of the Treasury, who are current
or former Federal employees receiving any Federal salary or benefit
payments and are indebted or delinquent in their repayment of debts to
the United States Government under certain programs administered by the
Public Debt so as to permit the Public Debt 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 August 23, 1996, 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. Telephone (703) 607-
2943.
SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy
Act of 1974, as amended, (5 U.S.C. 552a), the Department of the
Treasury and DMDC 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 from
defaulters of obligations held by the Bureau of Public Debt under the
Debt Collection Act of 1982. The match will yield the identity and
location of the debtors within the Federal Government so that the
Bureau can pursue recoupment of the debt by voluntary payment or by
administrative or salary offset procedures. Computer
[[Page 38440]]
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 the Department of
the Treasury and DMDC is available to the public upon request. Requests
should be submitted to the address caption above or to the Debt
Collection Officer, Bureau of Public Debt, Hintgen Building, Room 106,
P.O. Box 1328, Parkersburg, WV 26106-1328.
Set forth below is a public notice of the establishment of the
computer matching program required by paragraph (e)(12) of the Privacy
Act.
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 July
8, 1996, 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
February 8, 1996 (61 FR 6427, February 20, 1996). This matching program
is subject to review by OMB and Congress and shall not become effective
until that review period of 30 days has elapsed.
Dated: July 18, 1996.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Computer Matching Program Between the Bureau of Public Debt,
Department of the Treasury, and the Defense Manpower Data Center of
the Department of Defense for Debt Collection
A. Participating Agencies: Participants in this computer matching
program are the Bureau of Public Debt, Department of the Treasury and
the Defense Manpower Data Center (DMDC), Department of Defense (DoD).
The Bureau of Public Debt is the source agency, i.e., the agency
disclosing the records for the purpose of the match. DMDC is the
specific recipient or matching agency, i.e., the agency that actually
performs the computer matching.
B. Purpose of the match: The purpose of the match is to identify
and locate any matched Federal personnel, employed or retired, who owe
delinquent debts to the Federal Government under certain programs
administered by Public Debt. Public Debt 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 Public
Debt 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 Personnel and
Readiness; 10 U.S.C. 138, as amended, Assistant Secretaries of Defense,
Appointment Powers and Duties; Section 101(l) 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 31 CFR part 5,
subparts B and D (Department of Treasury).
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:
1. The Bureau of Public Debt will use personal data from the
following Privacy Act record systems:
A. Treasury/BPD.001, entitled 'Personnel and Administrative
Records,' last published in the Federal Register November 9, 1995, at
60 FR 56865.
B. Treasury/BPD.002, entitled 'United States Savings Type
Securities,' last published in the Federal Register November 9, 1995,
at 60 FR 56868.
C. Treasury/BPD.003, entitled 'United States Securities (Other
than Savings Type Securities),' last published in the Federal Register
November 9, 1995, at 60 FR 56870.
D. Treasury/DO.002, entitled 'Treasury Integrated Management
Information System (TIMIS),' last published in the Federal Register
November 9, 1995, at 60 FR 56651.
E. Treasury/DO.210, entitled 'Treasury Integrated Financial
Management and Revenue System,' last published in the Federal Register
November 9, 1995, at 60 FR 56675.
F. Treasury/DO.211, entitled 'Telephone Call Detail Records,' last
published in the Federal Register November 9, 1995, at 60 FR 56677.
2. DOD will use personal data from the record system identified as
S322.11 DMDC, entitled 'Federal Creditor Agency Debt Collection
Database,' last published in the Federal Register at 58 FR 10875 on
February 22, 1993.
E. Description of computer matching program: Public Debt, as the
source agency, will provide DMDC with a magnetic tape which contains
the names of delinquent debtors in programs Public Debt 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 Public
Debt file against a DMDC computer database. The DMDC database,
established under an interagency agreement between DOD, OPM, OMB and
the Treasury Department, consists of employment records of non-postal
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 Public Debt. Public
Debt is responsible for verifying and determining that the data on the
DMDC reply tape file are consistent with Public Debt's source file and
for resolving any discrepancies or inconsistencies on an individual
basis. Public Debt will also be responsible for making final
determinations as to positive identification, amount of indebtedness
and recovery efforts as a result of the match.
F. Individual notice and opportunity to contest: Due process
procedures will be provided by Public Debt to those individuals matched
(hits) consisting of Public Debt's verification of debt; a minimum of
30-day written notice to the debtor explaining the debtor's rights;
provision for debtor to examine and copy Public Debt's documentation of
the debt; provision for the debtor to seek Public Debt's review of the
debt (or in the case of the salary offset provision, opportunity for a
hearing before an individual who is not under the supervision or
control of the agency); and an opportunity for the individual to enter
a written agreement satisfactory to
[[Page 38441]]
Public Debt for repayment. Only when all of the steps have been taken
will Public Debt disclose pursuant to a routine use to effect a salary
offset. Unless the individual notifies Public Debt otherwise within 30
days from the date of receipt of the notice, Public Debt will conclude
that the data provided to the individual is correct and will take the
next necessary action to recoup the debt. Failure to respond to the
notice will imply as to the correctness of the notice and justification
for taking the next step to collect the debt under the law.
G. 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 an annual basis. Under
no circumstances shall the matching program be implemented before this
30 day public notice period for comment has elapsed as this time period
cannot be waived. By agreement between the Department of the Treasury
and DoD, the matching program will be in effect and continue for 18
months with an option to extend for 12 additional months unless one of
the parties to the agreement advises the other by written request to
terminate or modify the agreement.
H. 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. 96-18707 Filed 7-23-96; 8:45 am]
BILLING CODE 5000-04-F
