[Federal Register: January 14, 1998 (Volume 63, Number 9)]
[Notices]               
[Page 2220-2221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja98-50]

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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 is hereby giving constructive notice in 
lieu of direct notice to the record subjects of a computer matching 
program between Department of Transportation (DOT) and Department of 
Defense (DoD) that their records are being matched by computer. The 
record subjects are DOT 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 DOT. This match will permit 
DOT 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 February 13, 1998 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, 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 DOT 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 DOT 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.
    A copy of the computer matching agreement between DOT and DMDC is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Chief, Financial Management 
Systems, Department of Transportation, Office of Financial Management, 
400 7th Street, SW, Washington, DC 20590. Telephone (202) 366-6100.
    Set forth below is the notice 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 
December 30, 1997 to the House Committee on Government Reform and 
Oversight, the Senate Committee on Governmental Affairs, and the 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 6435).
    Dated: January 7, 1998.

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

Notice of a Computer Matching Program between the Department of 
Transportation and the Department of Defense for Debt Collection

    A.  PARTICIPATING AGENCIES: Participants in this computer matching 
program are the Department of Transportation (DOT) and the Defense 
Manpower Data Center (DMDC), Department of Defense (DoD). The DOT is 
the source agency, i.e., the activity disclosing the records for the 
purpose of the match. The DMDC is the 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, DOT 
will provide and disclose debtor records to DMDC to identify and locate 
any matched Federal personnel, employed or retired, who may owe 
delinquent debts to the Federal Government under certain programs 
administered by the DOT. DOT 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 the DOT of any 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

[[Page 2221]]

1982 (Public Law 97-365), as amended by the Debt Collection Improvement 
Act of 1996 (Public Law 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, as amended, 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); 
49 CFR Part 92, Recovering Debt to the United States by Salary Offset.
    D.  RECORDS TO BE MATCHED: The systems of records maintained by the 
respective agencies under the Privacy Act of 1974, as amended, from 
which records will be disclosed for the purpose of this computer match 
are
    1. The DOT will use personal data from the record system DOT/ALL 
10, entitled `Debt Collection File' last published in the Federal 
Register on November 2, 1994, at 59 FR 54941.
    2. The DOD will use personal data from the record system S322.11 
DMDC, entitled `Federal Creditor Agency Debt Collection Data Base,' 
last published in the Federal Register on June 25, 1996, at 61 FR 
32779.
    Sections 5 and 10 of the Debt Collection Act of 1982 (Public Law 
97-365) 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: DOT, as the source 
agency, will provide DMDC with a electronic file which contains the 
names of delinquent debtors in programs DOT administers. Upon receipt 
of the computer tape file of debtor accounts, DMDC will perform a 
computer match using all nine digits of the SSN of the DOT 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 the DOT. DOT is responsible for 
verifying and determining that the data on the DMDC reply tape file are 
consistent with DOT's source file and for resolving any discrepancies 
or inconsistencies on an individual basis. DOT 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 DOT will contain data elements of 
the debtor's name, Social Security Number, internal account numbers and 
the total amount owed for each debtor on approximately 3,363 delinquent 
debtors.
    The DMDC computer database file contains approximately 1.8 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.
    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 and the respective agencies may 
begin the exchange of data after the date of this published notice at a 
mutually agreeable time and will be repeated annually. By agreement 
between DOT 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: Director, 
Defense Privacy Office, 1941 Jefferson Davis Highway, Room 920, 
Arlington, VA 22202-4502.
[FR Doc. 98-813 Filed 1-13-98; 8:45 am]
BILLING CODE 5000-04-F