[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