[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]
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