[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7301]


[[Page Unknown]]

[Federal Register: April 5, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE
Defense Logistics Agency

 

Privacy Act of 1974; New Computer Matching Program Between the 
Department of Veterans Affairs 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 
Department of Veterans Affairs (VA) 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 VA and DoD 
that their records are being matched by computer. The record subjects 
are VA 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 VA so as to permit VA 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 May 5, 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 DoD and VA 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 VA 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 VA and DoD is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Department of Veterans Affairs, 
Debt Management Center, Bishop Henry Whipple Federal Building, 1 
Federal Drive, Ft. Snelling, MN 55111-1930. Telephone (612) 725-3321.
    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 March 
14, 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: March 22, 1994.

Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Notice of a Computer Matching Program Between the Department of 
Veterans Affairs and the Department of Defense for Debt Collection

    A. Participating agencies: Participants in this computer matching 
program are the Department of Veterans Affairs (VA) and the Defense 
Manpower Data Center (DMDC) of the Department of Defense (DoD). The VA 
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, VA 
will provide and disclose debtor records to DMDC to identify and locate 
any Federal personnel, employed or retired, who may owe delinquent 
debts to the Federal Government under certain programs administered by 
VA. VA will use this information to initiate independent collection of 
those debts under the provisions of the Debt Collection Act when 
voluntary payment is not forthcoming. These collection efforts will 
include requests by VA 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, Assistant Secretaries of Defense, Appointment Powers and 
Duties; section 206 of Executive Order 11222; 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); 38 U.S.C. 3006; 38 CFR 1.980 - 1.994 (VA).

    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:
    Privacy Act system of records identified as 58 VA 21/22, 
`Compensation, Pension, Education and Rehabilitation Records-VA,' 
appearing at page 967 of the publication entitled Privacy Act 
Issuances, 1991 Comp., Volume II, and as amended at 57 FR 12374, April 
9, 1992; and 57 FR 44007, September 23, 1992. The exchange of data 
under this agreement is consistent with routine uses 9 and 12 of 58 VA 
21/22.
    Privacy Act system of records identified as 55 VA 26, `Loan 
Guaranty Home, Condominium and Manufactured Home Loan Applicant 
Records, Specially Adapted Housing Applicant Records and Vendee Loan 
Applicant Records-VA,' appearing at page 962 of the publication 
entitled Privacy Act Issuances, 1991 Comp., Volume II. The exchange of 
data under this agreement is consistent with routine use 19 of 55 VA 
26.
    DoD will use 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: VA, as the source 
agency, will provide DMDC with a magnetic tape which contains the names 
of delinquent debtors in programs VA 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 VA 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 VA. VA is responsible for verifying and determining that 
the data on the DMDC reply tape file are consistent with VA's source 
file and for resolving any discrepancies or inconsistencies on an 
individual basis. VA 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 VA will contain data 
elements of the debtor's name, SSN, internal account numbers and the 
total amount owed by approximately 450,000 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 Federal civilian records 
of current and retired Federal employees.
    DMDC will match the SSNs on the VA tape by computer against the 
DMDC database. Matching records, hits based on SSN's, 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 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 VA and DoD, 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. 94-7301 Filed 04-04-94; 8:45 am]
BILLING CODE 5000-04-F