[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Notices]
[Pages 29006-29008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13443]


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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 Department of Defense (DoD), as the matching 
agency under the Privacy Act, is hereby giving notice to the record 
subjects of a computer matching program between the Department of 
Education (ED) and the DoD that their records are being matched by 
computer. The record

[[Page 29007]]

subjects are ED delinquent debtors who may be current or former Federal 
employees receiving Federal Salary or benefit payments and who are 
indebted and or delinquent in their repayment of debts owed to the 
United States Government under programs administered by the ED.

DATES: This proposed action will become effective June 28, 1999, and 
the matching may commence unless changes to the program are required 
due to public comment or by Congressional or by the Office of 
Management and budget objections. Any public comment must be received 
before the effective date.

ADDRESSES: Any interested party may submit written comments to the 
Director, Defense Privacy Office, 1941 Jefferson Davis Highway, Suite 
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 DoD and ED 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 debtors within the Federal Government so that ED 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 ED and DoD is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Department of Education Federal 
Employee Salary Offset Coordinator, 400 Maryland Avenue, SW, ROB 3 Room 
5114, Washington, DC 20202-5320.
    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 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 May 
11, 1999, to the House Committee on Government Reform, 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 (February 20, 1996, 61 FR 6427).

    Dated: May 21, 1999.

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

COMPUTER MATCHING PROGRAM BETWEEN THE DEPARTMENT OF EDUCATION AND 
THE DEPARTMENT OF DEFENSE FOR DEBT COLLECTION

    A.  Participating agencies: Participants in this computer matching 
program are the Department of Education (ED) and the Defense Manpower 
Data Center (DMDC) of the Department of Defense (DoD). The ED 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: The purpose of the match is to identify 
and locate any matched Federal personnel, employed, serving or retired, 
who owe delinquent debts to the Federal Government under certain 
programs administered by ED. ED will use this information to initiate 
independent collection of those debts under the provisions of the Debt 
Collection Act of 1982, as amended, when voluntary payment is not 
forthcoming. These collection efforts will include requests by ED of 
the military service/employing agency in the case of military personnel 
(either active, reserve or retired) and current non-postal civilian 
employees, and to the Office of Personnel Management in the case of 
retired non-postal civilian employees, 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. 103-134, 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); 10 U.S.C. 135, Under Secretary of Defense 
(Comptroller); section 101(1) of Executive Order 12731; 4 CFR 101.1-
105.5, Federal Claims Collection Standards; 5 CFR 550.1101 - 550.1108 
Collection by Offset from Indebted Government Employees (OPM); 34 CFR 
part 30 - Debt Collection and part 312 - Salary Offset for Federal 
Employees who are Indebted to the United States Under Programs 
Administered by the Secretary of Education. ED's authorization to 
collect through salary offset is covered by the Higher Education Act of 
1965, as amended (Pub. L. 89-329).

    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:
    ED will use personal data from record system identified as 18-40-
0024, entitled 'Title IV Program Files,' last published in the Federal 
Register at 59 FR 17351 on April 12, 1994.
    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 61 FR 32779 on June 
25, 1996.

    E.  Description of Computer Matching Program: ED, as the source 
agency, will provide DMDC with an electronic file which contains the 
names of delinquent debtors in programs ED 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 ED 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 personnel records of non-postal Federal civilian employees 
and military members both active and retired. The 'hits' or matches 
will be furnished to ED. ED is responsible for verifying and 
determining that the data on the DMDC electronic reply file are 
consistent with ED's source file and for resolving any discrepancies or 
inconsistencies on an individual basis. ED will also be responsible for 
making final determinations as to positive identification, amount of 
indebtedness and recovery efforts as a result of the match.

[[Page 29008]]

    The electronic file provided by ED will contain data elements on 
approximately 3.7 million delinquent debtors.
    The DMDC computer data base contains approximately 4.8 million 
records of active duty and retired military members including the 
Reserves and Guard and approximately 3.1 million records of active and 
retired non-postal Federal civilian employees.

    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 the mandatory 30 day period for public comment has expired 
and if no objections are raised by either Congress or the Office of 
Management and Budget within 40 days of being notified of the proposed 
match, the computer matching program becomes effective and the 
respective agencies may begin the exchange of data at a mutually 
agreeable time on a six month basis. By agreement between ED 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.

    G.  Address for receipt of public comments or inquiries: Director, 
Defense Privacy Office, 1941 Jefferson Davis Highway, Suite 920, 
Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 99-13443 Filed 5-27-99; 8:45 am]
BILLING CODE 5001-10-F