[Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
[Notices]
[Pages 64708-64709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31069]



[[Page 64708]]

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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 
delinquent in their repayment of debts owed to the United States 
Government under the Food Stamp Program 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 January 6, 1997, 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 USDA has 
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 DoD is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the USDA, 14th and Independence Avenue, 
SW, Room 143-West, 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 
November 21, 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 (February 20, 1996, 61 FR 6427). The matching program 
is subject to review by OMB and Congress and shall not become effective 
until that review period has elapsed.
    Dated: December 1, 1996.

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.  Partipating 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, 
USDA will provide and disclose certain food stamp debtor records to 
DMDC so that DMDC can identify and locate any Federal personnel, 
employed or retired from service with the Federal Government, who may 
owe delinquent debts to the Federal Government for overissued Food 
Stamp Program benefits. USDA 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 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 computing the match: The legal authority for 
conducting the matching program is contained in the Debt Collection Act 
of 1982 (Pub. L. 97-365), as amended by the Debt Collection Improvement 
Act of 1996 (Pub. L. 104-134, section 31001), 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); 7 U.S.C. 2022 (Collection and Disposition 
of Claims); 10 U.S.C. 136, Assistant Secretaries of Defense; Section 
101(l) of Executive Order No. 12674; 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); 7 CFR part 3, Debt Management 
(Agriculture); 7 CFR 273.18 (Claims against households).

    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
    USDA will use records from the system of records published as 
Claims Against Food Stamp Recipients--USDA FNS-3, last published at 56 
FR 50552 on October 7, 1991, and amended at 58 FR 48633 on September 
17, 1993.
    DoD will use the record system identified as S322.11 DMDC, entitled

[[Page 64709]]

`Federal Creditor Agency Debt Collection Data Base', last published in 
the Federal Register at 61 FR 32779 on June 25, 1996.

    E.  Description of computer matching program: USDA, as the source 
agency, will provide DMDC with magnetic tapes which contain the names 
of certain debtors who are delinquent in paying for overissued food 
stamp benefits. Upon receipt of the computer tape files 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 Treasury Department, consists of employment records of 
Federal employees and military members, active and retired. Matching 
records ('hits'), based on the SSN, will produce the debtor's name, 
service or agency, category, and current work and/or home address. The 
hits or matches will be furnished to USDA. USDA is responsible for 
verifying and determining that the data on the DMDC reply tape files 
are consistent with USDA source files and for resolving any 
discrepancies or inconsistencies on an individual basis. USDA is also 
responsible for making final determinations as to positive 
identification, amount of indebtedness and recovery efforts as a result 
of the match.

    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 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. 96-31069 Filed 12-5-96; 8:45 am]
BILLING CODE 5000-04-F