[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6542-6543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2397]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.
ACTION: Notice of a computer matching program.

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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 HUD and DoD 
that their records are being matched by computer. The record subjects 
are HUD 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 HUD so as to permit HUD 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.
EFFECTIVE DATE: This action will become effective March 18, 1998, 
unless comments are received which would result in a contrary 
determination. Any public comment must be received before the effective 
date.
ADDRESSES: Any interested party may submit written comments to the 
Acting Director, Defense Privacy Office, 1941 Jefferson Davis Highway, 
Room 920, Arlington, VA 22202-4502.
FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, Jr., at (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 HUD 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 HUD 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 HUD and DMDC is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Department of Housing and Urban 
Development, Debt Management and Title I Operations Division, 470 
L'Enfant Plaza, Suite 3115, Washington, DC 20024.
    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 on June 19, 1989 at 54 FR 25818.
    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 
January 20, 1998, to the House Committee on Government Reform and 
Oversight, the Senate Committee on Governmental Affairs, 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 
6435). The matching program is subject to review by OMB and Congress 
and shall not become effective until that review period has elapsed.
    Dated: January 26, 1998.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF DEFENSE FOR 
DEBT COLLECTION

    A.  PARTICIPATING AGENCIES: Participants in this computer matching 
program are the Department of Housing and Urban Development (HUD) and 
the Defense Manpower Data Center (DMDC) of the Department of Defense 
(DoD). The HUD 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 
HUD 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 HUD. These debtors are from the Title I Property 
Improvement Loan Program, Single Family Generic Debt program and the 
Departmental Claims. HUD 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 HUD 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), 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

[[Page 6543]]

Administrative Offset, 5 U.S.C. 5514 Installment Deduction for 
Indebtedness (Salary Offset); 10 U.S.C. 136, as amended, Under 
Secretary of Defense for Personnel and Readiness; 10 U.S.C. 138, as 
amended, Assistant Secretaries of Defense; section 101(1) of Executive 
Order 12731; 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); 
24 CFR part 17, Administrative Claims, subpart C, Secs. 17.60 and 
17.125-17.140, Salary Offset Provisions (HUD) implementing 5 U.S.C. 
5514(b)(1).
    D.  RECORDS TO BE MATCHED: The systems of records maintained by the 
respective agencies from which records will be disclosed for the 
purpose of this computer match are as follows:
    HUD will use personal data from the record system identified as 
HUD/DEPT 2, entitled `Accounting Records' last published in the Federal 
Register on November 25, 1994, at 59 FR 60651.
    DOD will use personal data from the record system identified as 
S322.11 DMDC, entitled `Federal Creditor Agency Debt Collection Data 
Base,' last published in the Federal Register at June 25, 1996, at 61 
FR 32779.
    Sections 5 and 10 of the Debt Collection Act of 1982 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: HUD, as the source 
agency, will provide DMDC with a electronic file which contains the 
names of delinquent debtors in programs HUD administers. Upon receipt 
of the electronic file of debtor accounts, DMDC will perform a computer 
match using all nine digits of the SSN of the HUD 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 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 HUD. HUD is responsible for verifying and determining 
that the data on the DMDC reply tape file are consistent with HUD's 
source file and for resolving any discrepancies or inconsistencies on 
an individual basis. HUD 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 electronic file provided by HUD will contain data elements of 
the debtor's name, SSN, internal account numbers and the total amount 
owed for each debtor on approximately 44,779 delinquent debtors, 
(42,960 in Title I, 1,665 in Generic Debt and 154 in Department Claims.
    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.
    DMDC will match the SSN on the HUD file by computer against the 
DMDC database. Matching records, hits based on SSN's 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 Congress and the Office of Management 
and Budget. If no objections are raised by either, and the mandatory 30 
day public notice period for comment has expired, then this computer 
matching program becomes effective. By agreement between HUD 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: Acting 
Director, Defense Privacy Office, 1941 Jefferson Davis Highway, Room 
920, Arlington, VA 22202-4502.
[FR Doc. 98-2397 Filed 2-6-98; 8:45 am]
BILLING CODE 5000-04-F