Privacy Act of 1974; Notice of a Computer Matching Program

SUMMARY: The Federal Emergency Management Agency gives notice that FEMA

and the United States Postal Service (USPS) propose to conduct a

computer matching program with FEMA as the source agency and USPS as

the recipient agency. The matching program will compare FEMA debtor and

USPS payroll records to identify postal employees delinquently indebted

to the Federal Government under the Disaster Relief Program, the

National Flood Insurance Program, and any employee programs

administered by FEMA.

DATES: We invite comments on this notice, which must be received no

later than 30 days from November 24, 1995.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office

of the General Counsel, Federal Emergency Management Agency, 500 C

Street, SW., room 840, Washington, DC 20472, (facsimile) 202-646-4536.

FOR FURTHER INFORMATION CONTACT: Richard S. Buck, Recorder, FEMA Data

Integrity Board, (202) 646-4091.

SUPPLEMENTARY INFORMATION: Section 552a(e) of the Privacy Act, as

amended by the Computer Matching & Privacy Protection Act of 1988, as

amended, by Sec. 3(a) of Pub. L. 100-503, 5 U.S.C. 552(e)(12), requires

agencies to publish advance notice of computer matching programs as a

means of informing benefit recipients/employees of plans to conduct

computer matches. FEMA and USPS propose to conduct a computer matching

program with FEMA as the source agency and USPS as the recipient

agency. The matching program will compare FEMA debtor and USPS payroll

records to identify postal employees delinquently indebted to the

Federal Government under the Disaster Relief Program, the National

Flood Insurance Program, and any employee programs administered by

FEMA. When voluntary repayment is not forthcoming, FEMA will request

offset of those debts under the salary offset provisions of the Debt

Collection Act of 1982, 5 U.S.C. 5514 note.

This is the first year that FEMA has had a debt collection computer

match. Prior experience with manual matches shows that approximately

1.5 percent of FEMA's delinquent debtors that the Agency referred to

the Internal Revenue Service (IRS) for Federal income tax refund offset

were either Federal employees/retirees, uniformed services active duty

members/retirees, or Postal Service employees. The proposed match for

1995 will compare approximately 5,500 debtor records, representing

approximately $14 million in outstanding debt and is expected to show a

similar number of matches (1.5 percent).

FEMA estimates that in the 1996 tax year debt collections will be

approximately $207,500 by taking salary and retirement offsets from

debtors whose records have been identified by computer matching. Set

forth below is a description of the computer matching program proposed

by this notice in compliance with OMB Bulletin No. 89-22,

``Instructions on Reporting Computer Matching Programs to the Office of

Management & Budget (OMB), Congress and the Public.''

Report of Computer Matching Program--United States Postal Service and

the Federal Emergency Management Agency (Comparing USPS Payroll and

FEMA Debt Collection Records)

A. Participating Agencies

The United States Postal Service (USPS) is the recipient agency and

will perform the computer match with debt collection records provided

by the Federal Emergency Management Agency, the source agency in this

matching program.

B. Purpose of the Matching Program

This matching program will compare USPS payroll and the FEMA

delinquent debtor files to identify postal employees who may owe

delinquent debts to the Federal Government under programs administered

by FEMA. The pay of an employee identified and verified as a delinquent

debtor may be offset under the provisions of the Debt Collection Act of

1982 if voluntary payment is not made.

C. Legal Authorities Authorizing Operation of the Match

This matching program will be undertaken under the authority of the

Debt Collection Act of 1982, 5 U.S.C. 5514 note; 31 U.S.C. 3711,

Collection and Compromise, and Sec. 3716, Administrative Offset; 5

U.S.C. 5514, Installment Deduction for Indebtedness; 4 CFR Ch. II,

Federal Claims Collection Standards (General Accounting Office--

Department of Justice), 5 CFR Secs. 550.1101--550.1108, Collection by

Offset from Indebted Government Employees; 44 CFR 11.45, Collection by

Salary Offset, which authorizes federal agencies to offset a federal

employee's salary as a means of satisfying delinquent debts owed to the

United States.

D. Categories of Individuals Matched and Identification of Records Used

The systems of records maintained by the participant agencies under

the Privacy Act of 1974, as amended, 5 U.S.C. 552a note, from which

records will be disclosed for this matching program are:

1. USPS will disclose records from its system ``Finance Records--

Payroll System, USPS 050.020'' containing payroll records for

approximately 800,000 current employees. Disclosure will be made

pursuant to routine use no. 24 of USPS 050.020, which last appeared at

57 FR 57515, dated December 4, 1992.

2. Federal Emergency Management Agency will provide extracts from a

Privacy Act system of records (FEMA Debt Collection Files (FEMA/OC-2)

containing records on approximately 5,500 debtors. A full description

of these files was last published in the Federal Register (58 FR 63986-

63988) on December 3, 1993. Disclosures will be made from FEMA Debt

Collection Files (OC-2/FEMA) pursuant to the first and third listed but

unnumbered routine uses.

E. Description of the Matching Program

Federal Emergency Management Agency will provide to USPS a computer

disk containing the names and social security numbers (SSN) of FEMA's

debtors. By computer, the USPS will compare that information with its

payroll file, establishing matched individuals (i.e., ``hits'') on the

basis of like SSN's. For each matched individual the USPS will provide

to FEMA the name, SSN, home address, date of birth, work location, and

employee type (permanent or temporary). The identity and debtor status

of an individual will be verified by FEMA by manually comparing the

``hit'' file with FEMA's debtor files, by conducting independent

inquiries when necessary to resolve questionable identities, and by

reviewing records of the suspected debtor's account to confirm that the

debt is still in a non-pay status without resolution.

Due process procedures will be provided by FEMA to matched

individuals consisting of: (1) verification of the debt; (2) 30-day

written notice to the debtor explaining the debtor's rights; (3)

provision for the debtor to examine and copy FEMA's documentation of

the debt; (4) provision

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for the debtor to seek FEMA's review of the debt; (5) opportunity for a

hearing before an individual who is not under the supervision or

control of the Director of FEMA; and (6) opportunity for the debtor to

enter into a written agreement satisfactory to FEMA for repayment. Only

after FEMA has afforded the debtor these opportunities and certified

over the signature of an authorized agency official that all due

process procedures have been followed will steps be taken to effect

involuntary salary offset.

F. Beginning and Ending Dates of the Matching Program

The matching program is expected to begin in December 1995 and

continue in effect for a period not to exceed 18 months. The agreement

may be extended for one additional year beyond that period if, within

three months prior to the actual expiration date of the matching

agreement, the Data Integrity Boards of both the USPS and FEMA find

that the computer matching program can be conducted without change and

each party certifies that the matching program has been conducted in

compliance with the matching agreement.

Dated: November 22, 1995.

Gary D. Johnson,

Chief Financial Officer and Member, FEMA Data Integrity Board.

[FR Doc. 95-28951 Filed 11-22-95; 9:55 am]

BILLING CODE 6718-01-P