[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18420]
[Federal Register: July 28, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Logistics Agency
Privacy Act of 1974; New Computer Matching Program Between the
Defense Finance and Accounting Service 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 new computer matching program between the Defense
Finance and Accounting Service (DFAS) and the Department of Defense
(DoD) for public comment.
-----------------------------------------------------------------------
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 DFAS and DoD
that their records are being matched by computer. The record subjects
are DFAS 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 DFAS so as to permit DFAS 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 29, 1994, 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 DFAS 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 DFAS 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 memorandum of understanding between
DFAS and DMDC is available upon request to the public. Requests should
be submitted to the address caption above or to the Defense Finance and
Accounting Service, (DFAS-DE/FYSA), 6760 E. Irvington Place, Denver, CO
80279-7000. Telephone (303) 655-0400.
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 memorandum of understanding, as required by 5 U.S.C.
552a(r) of the Privacy Act, and an advance copy of this notice was
submitted on July 15, 1994, to the Committee on Government Operations
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 June
25, 1993 (58 FR 36075, July 2, 1993). The matching program is subject
to review by OMB and Congress and shall not become effective until that
review period has elapsed.
Dated: July 20, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE DEFENSE FINANCE
AND ACCOUNTING SERVICE AND THE DEPARTMENT OF DEFENSE FOR DEBT
COLLECTION
A. Participating agencies: Participants in this computer matching
program are the Defense Finance and Accounting Service (DFAS) and the
Defense Manpower Data Center (DMDC) of the Department of Defense (DoD).
The DFAS 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 a memorandum of
understanding (MOU), the DFAS 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. The DFAS 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
DFAS 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, 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); DOD Instruction 7045.18
Collection of Indebtedness Due the United States (32 CFR part 90); DOD
Directive 7045.13, DOD Credit Management and Debt Collection Program.
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:
The DFAS will use personal data from the following Privacy Act
record systems for the match:
Record system identified as Department of the Army system of
records notice A0037-104-1bSAFM, entitled `Debt Management System',
last published in the Federal Register on February 22, 1993, at 58 FR
10046.
Record system identified as Department of the Navy system of
records notice N07430-1, entitled `Navy Debt Management and Collection
System (MNCS)', last published in the Federal Register on February 22,
1993, at 58 FR 10809.
Record system identified as Department of the Air Force system of
records notice F177 AF AFC A, entitled `Accounts Receivable Records
Maintained by Accounting and Finance', last published in the Federal
Register on February 22, 1993, at 58 FR 10476.
Record system identified as United States Marine Corps system of
records notice MFD00007, entitled 'Marine Corps Financial Records
System', last published in the Federal Register February 22, 1993, at
58 FR 10638.
Record system identified as Washington Headquarters Services system
of records notice DWHS B46, entitled `DOD Creditor Agency Accounts
Receivable System' last published in the Federal Register on February
22, 1993, at 58 FR 10281.
DMDC will use personal data from the record systems identified as:
S322.10 DMDC, entitled `Defense Manpower Data Center Data Base',
last published in the Federal Register on February 22, 1993, at 58 FR
10872.
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: The DFAS, as the
source agency, will provide DMDC with a magnetic tape which contains
the names of delinquent debtors in programs the DOD 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 DFAS 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 DFAS. The DFAS is responsible for verifying and
determining that the data on the DMDC reply tape file are consistent
with the DFAS source file and for resolving any discrepancies or
inconsistencies on an individual basis. The DFAS 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 DFAS will contain data
elements of the debtor's name, SSN, debtor status and debt balance,
internal account numbers and the total amount owed on approximately
100,000 delinquent debtors.
The DMDC computer database file contains approximately 11 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 DFAS tape 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 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 DFAS 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. 94-18420 Filed 7-27-94; 8:45 am]
BILLING CODE 5000-04-F
