[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Notices]
[Pages 7618-7619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3638]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 64, No. 30 / Tuesday, February 16, 1999 / 
Notices  

[[Page 7618]]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974: Notice of a Computer Matching Program for 
Federal Salary Offset

AGENCY: Farm Service Agency (FSA); Risk Management Agency, formerly the 
Federal Crop Insurance Corporation (FCIC); Farm Service Agency/
Commodity Credit Corporation (FSA/CCC); and Office of the Chief 
Financial Officer (OCFO)/National Finance Center, formerly the Office 
of Finance and Management/National Finance Center (OFM/NFC). These 
agencies of the United States Department of Agriculture throughout this 
notice are referred to collectively as ``USDA''.

ACTION: Notice of computer matching program between United States 
Department of Agriculture (USDA) and the United States Postal Service 
(USPS).

-----------------------------------------------------------------------

SUMMARY: USDA is giving notice that it intends to conduct a computer 
matching program with the USPS to identify USPS employees who owe 
certain types of delinquent debts to the United States Government under 
various programs administered by the above USDA agencies because of 
loans, fees, overpayments, or entitlements.

DATES: Comments must be received March 18, 1999, to be considered. 
Unless comments are received which result in a contrary determination, 
the matching program covered by this Notice will begin no sooner than 
March 29, 1999.

ADDRESSES: Comments should be addressed to Richard M. Guyer, Director 
of the Fiscal Policy Division, USDA/OCFO, 1400 Independence Avenue, SW, 
Room 5411, South Building, Washington, DC 20250, telephone (202) 690-
0291.

SUPPLEMENTARY INFORMATION: Pursuant to a subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C. 552a), USDA and USPS have concluded 
an agreement to conduct a computer matching program. The purpose of the 
match is to exchange personal data between the agencies for collection 
of delinquent debts from defaulters of obligations held by USDA. The 
match will yield the identity and location of the debtors who are also 
employees of USPS so that USDA can pursue recoupment of the debts by 
voluntary payment or by salary offset procedure. Computer matching 
appears to be the most efficient and effective manner to accomplish 
this task with the least amount of intrusion into the personal privacy 
of the individuals concerned.
    A copy of the computer matching agreement between USDA and USPS is 
available to the public upon request. Requests should be submitted to 
the Debt Collection Coordinator, USDA, 1400 Independence Avenue, SW, 
Room 5411, South Building, Washington, DC 20250. This notice is being 
published as required by section (e)(12) of the Privacy Act of 1994 (5 
U.S.C. 552a(e)(12)), as amended by the Computer Matching and Privacy 
Protection Act of 1988 (Pub. L. 100-503).
    The following information is provided as required by paragraph 5b 
of Appendix I to Office of Management and Budget Circular A-130, 
revised.
    1. Participating agencies: The recipient agency is USPS. The source 
agency is USDA.
    2. Beginning and ending dates: The matching program will continue 
in effect no longer than 18 months. If within three months of the 
expiration date, the Data Integrity Boards of both USDA and the USPS 
find that the matching program can be conducted without change and both 
USDA and the USPS certify that the matching program has been conducted 
in compliance with the matching agreement, the matching program may be 
extended for one additional year.
    3. Purpose of the match: The purpose of the match is to identify 
and locate USPS employees receiving any Federal salary or benefit 
payments who are delinquent in their repayment of debts owed to the 
United States government under the programs administered by the USDA, 
in order to permit the USDA to pursue and collect the debt by voluntary 
repayments or salary offset procedures.
    The names of USPS employees identified through the matching program 
will be removed from lists of delinquent debts being referred to the 
Internal Revenue Service (IRS) for collection from Federal income tax 
refunds. This action is required to conform to an IRS requirement for 
the Income Tax Refund Offset Program.
    4. Description of the match: The subject matching program will 
involve several steps. USDA will provide USPS one or more magnetic 
computer tapes of claims submitted by USDA agencies. By computer, USPS 
will compare that information with its payroll file, establishing 
matched individuals on the basis of Social Security Numbers (SSN's). 
For each matched individual, USPS will provide to USDA the individual's 
name, SSN, home address, work location and information concerning the 
individual's employment status as permanent or temporary. The 
respective agencies will verify identity and debtor status of the 
matched individuals by manually comparing the list of matched 
individuals to their records of the debts, by conducting independent 
inquiries when necessary to resolve questionable identities, and by 
verifying that the debt is still delinquent.
    Besides verifying debtor identity and the status of the debt, 
before USDA taking any steps to effect involuntarily offset of USPS 
employee salaries, USDA agencies will give debtors a 30-day written 
notice stating the amount of the debt and that the debtor may repay it 
voluntarily. Debts not repaid voluntarily will be referred to USPS for 
involuntary salary offset. Individuals verified as owing delinquent 
debts to USDA will be afforded all applicable due process rights 
contained in the Debt Collection Act.
    5. Legal authorities: This matching program will be conducted under 
the following authorities:
    (a) The Debt Collection Act of 1982 (5 U.S.C. 5514), which gives 
Federal agencies the authority to offset the salaries of Federal and 
USPS employees who are delinquent on debts owed to the Federal 
Government;
    (b) Office of Personnel Management (OPM) regulations, 5 CFR part 
550, subpart K (Collection by Offset from Indebted Government 
Employees), Secs. 550.1101-1108, which set the standards for Federal 
agency rules implementing the Debt Collection Act; and

[[Page 7619]]

    (c) USDA regulations at 7 CFR part 3, subpart C, which implement 5 
U.S.C. 5514 and OPM regulations, authorizing USDA agencies to issue 
regulations governing debt collection by salary offset (7 CFR 3.68).
    6. Categories of individuals involved: Delinquent debtors who have 
received benefits from USDA program agencies.
    7. Systems of Records and Estimation of Number of Records Involved: 
(a) The USPS will provide extracts from its Privacy Act System of 
Records USPS 050.020, Finance Records-Payroll System, containing 
payroll records on approximately 800,000 current USPS employees. 
Disclosure will be made under routine use 24 of that system, a full 
description of which was last published in 57 FR 57515, dated December 
4, 1992.
    (b) The USDA will provide extracts from its (1) Applicant/Borrower 
or Grantee File (USDA/FSA-14), containing records on approximately 
762,000 debtors (approximately 88,000 of the 762,000 records will be 
sent for the match), a full description of which was last published in 
the Federal Register at 62 FR 5568 on February 6, 1997 (routine use 
number 9); (2) Accounts Receivable (USDA/FCIC-1), containing records on 
approximately 880 debtors (approximately 880 will be sent for the 
match), a full description of which was last published in the Federal 
Register at 53 FR 4047 on February 11, 1988 (routine use number 9); (3) 
Claims Data Base (Automated) (USDA/FSA-13), containing records on 
approximately 25,000 debtors, (approximately 25,000 will be sent for 
the match) a full description of which was last published in the 
Federal Register at 62 FR 5568 on February 6, 1997 (routine use number 
9); and (4) Administrative Billings and Collections (USDA/OCFO-3), 
containing records on approximately 45,000 debtors (approximately 6,750 
will be sent for the match) a full description of which was last 
published in the Federal Register at 54 FR 47622 on November 10, 1997 
(routine use number 6).
    8. Individual notice and opportunity to contest: USDA will provide 
to matched individuals due process consisting of USDA's verification of 
debt; 30-day written notice to the debtor explaining the debtor's 
rights; provision for debtor to examine and copy of the USDA's 
documentation of the debt; provision for debtor to seek USDA's review 
of the debt and opportunity for the individual to enter into a written 
agreement satisfactory to USDA for repayment. Prior to use of the 
salary offset provision, an individual will be afforded the opportunity 
for a hearing concerning the amount or existence of the debt or the 
offset repayment schedule. The hearing will be before an individual not 
under the supervision or control of the Secretary, USDA. Unless the 
individual notifies USDA otherwise within 30 days from the date of the 
notice, USDA will conclude that the data provided to the individual is 
correct and will take the necessary action to recoup the debt.
    9. Inclusive date of the matching program: This computer matching 
program is subject to review by the Office of Management and Budget 
(OMB) 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 
having been received that would result in a contrary determination, 
then this computer matching program becomes effective and the 
respective agencies may begin the exchange of data on the later of 30 
days after the date of this published notice or 40 days after notice to 
OMB and Congress, at a mutually agreeable time. Exchange of data will 
be repeated on an annual basis, unless OMB or the Treasury Department 
requests a match twice a year. Under no circumstances will the matching 
program be implemented before the respective 30- and 40-day notice 
periods have elapsed, as this time period cannot be waived. By 
agreement between USDA and USPS, the matching program will be in effect 
and continue for 18 months with an option to renew for 12 additional 
months. The matching program may be terminated by written notification 
from either participating agency to the other.

    Signed at Washington, DC, on February 4, 1999.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 99-3638 Filed 2-12-99; 8:45 am]
BILLING CODE 3410-KS-P