[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Notices]
[Pages 55550-55551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27114]



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DEPARTMENT OF DEFENSE
Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program Between the United 
States Department of Agriculture 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 United States 
Department of Agriculture (USDA) 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 USDA and DoD 
that their records are being matched by computer. The record subjects 
are USDA delinquent debtors who may be current or former Federal 
employees receiving Federal salary or benefit payments and who are 
indebted and or delinquent in their repayment of debts owed to the 
United States Government under programs administered by USDA so as to 
permit USDA 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 1, 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 USDA 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 USDA 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 USDA and DMDC is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Mr. Reynaldo Gonzalez, U.S. 
Department of Agriculture, Debt Collection Coordinator, 14th and 
Independence Avenue, SW, Room 3019, South Building, Washington, DC 
20250. Telephone (202) 720-1168.
    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 
October 19, 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.

[[Page 55551]]

    Dated: October 26, 1995.

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

NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE UNITED STATES 
DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF DEFENSE FOR DEBT 
COLLECTION

    A. Participating Agencies: Participants in this computer matching 
program are the United States Department of Agriculture (USDA) and the 
Defense Manpower Data Center (DMDC) of the Department of Defense (DoD). 
The USDA 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, the 
USDA 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 under certain programs 
administered by the USDA. The USDA 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 USDA 
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: 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), 31U.S.C. 
section 3711 Collection and Compromise, 31 U.S.C. section 3716 
Administrative Offset, 5 U.S.C. section 5514 Installment Deduction for 
Indebtedness (Salary Offset); 10 U.S.C. section 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); and 7 CFR part 3, Debt Management (USDA).

    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:
    Record system identified as Applicant/Borrower or Grantee File 
(USDA/FmHA-1), routine use number 2, last published in the Federal 
Register at 53 FR 5205 on February 22, 1988.
    Record system identified as Accounts Receivable (USDA/FCIC-1), 
routine use number 9, last published in the Federal Register at 53 FR 
4047 on February 11, 1988.
    Record system identified as Claims Data Base (Automated) (USDA/
ASCS-28), routine use number 8, last published in the Federal Register 
at 53 FR 2517 on January 28, 1988.
    Record system identified as Administrative Billings and Collections 
(USDA/OFM-3), routine use number 6, last published in the Federal 
Register at 54 FR 25883 on June 20, 1989.
    DMDC will use personal data from the record systems 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 (Pub.L. 97-365) 
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: USDA, as the source 
agency, will provide DMDC with a magnetic tape which contains the names 
of delinquent debtors in programs the USDA 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 USDA 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 USDA. The USDA is responsible for verifying and 
determining that the data on the DMDC reply tape file are consistent 
with the USDA's source file and for resolving any discrepancies or 
inconsistencies on an individual basis. The USDA 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 USDA will contain data 
elements of the debtor's name, Social Security Number, internal account 
numbers and the total amount owed on approximately 121,000 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 non-postal Federal 
civilian records of current and retired Federal employees.

    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 USDA 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. 95-27114 Filed 10-31-95; 8:45 am]
BILLING CODE 5000-04-F