Privacy Act of 1974; Computer Matching Program Between the Department of the Treasury and the Defense Manpower Data Center of the Department of Defense

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Computer Matching Program Between the

Department of the Treasury and the Defense Manpower Data Center of the

Department of Defense

AGENCY: Defense Manpower Data Center, Defense Logistics Agency,

Department of Defense.

ACTION: Proposed computer matching program between the Department of

the Treasury and the Defense Manpower Data Center of the Department of

Defense (DoD).

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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. Defense Manpower Data Center (DMDC), as the

matching agency under the Privacy Act of 1974, as amended, (5 U.S.C.

552a), is hereby giving constructive notice in lieu of direct notice to

the record subjects of a proposed computer matching program between the

Department of the Treasury and DMDC that their records are being

matched by computer. The record subjects are delinquent debtors of the

Bureau of the Public Debt, Department of the Treasury, who are current

or former Federal employees receiving any Federal salary or benefit

payments and are indebted or delinquent in their repayment of debts to

the United States Government under certain programs administered by the

Public Debt so as to permit the Public Debt 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 August 23, 1996, 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, Crystal Mall 4, Room 920, 1941

Jefferson Davis Highway, Arlington, VA 22202-4502. Telephone (703) 607-

2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy

Act of 1974, as amended, (5 U.S.C. 552a), the Department of the

Treasury and DMDC 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 from

defaulters of obligations held by the Bureau of Public Debt under the

Debt Collection Act of 1982. The match will yield the identity and

location of the debtors within the Federal Government so that the

Bureau can pursue recoupment of the debt by voluntary payment or by

administrative or salary offset procedures. Computer

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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 the Department of

the Treasury and DMDC is available to the public upon request. Requests

should be submitted to the address caption above or to the Debt

Collection Officer, Bureau of Public Debt, Hintgen Building, Room 106,

P.O. Box 1328, Parkersburg, WV 26106-1328.

Set forth below is a public notice of the establishment of the

computer matching program required by paragraph (e)(12) of the Privacy

Act.

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 July

8, 1996, to the Committee on Government Reform and Oversight of the

House of Representatives, the Committee on Governmental Affairs of the

Senate, 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 6427, February 20, 1996). This matching program

is subject to review by OMB and Congress and shall not become effective

until that review period of 30 days has elapsed.

Dated: July 18, 1996.

L. M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

Computer Matching Program Between the Bureau of Public Debt,

Department of the Treasury, and the Defense Manpower Data Center of

the Department of Defense for Debt Collection

A. Participating Agencies: Participants in this computer matching

program are the Bureau of Public Debt, Department of the Treasury and

the Defense Manpower Data Center (DMDC), Department of Defense (DoD).

The Bureau of Public Debt is the source agency, i.e., the agency

disclosing the records for the purpose of the match. DMDC is the

specific recipient 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 or retired, who owe

delinquent debts to the Federal Government under certain programs

administered by Public Debt. Public Debt 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 Public

Debt 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), 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. 136, as amended, Under Secretary of Defense Personnel and

Readiness; 10 U.S.C. 138, as amended, Assistant Secretaries of Defense,

Appointment Powers and Duties; Section 101(l) of Executive Order 12731;

4 CFR ch. 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) and 31 CFR part 5,

subparts B and D (Department of Treasury).

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:

1. The Bureau of Public Debt will use personal data from the

following Privacy Act record systems:

A. Treasury/BPD.001, entitled 'Personnel and Administrative

Records,' last published in the Federal Register November 9, 1995, at

60 FR 56865.

B. Treasury/BPD.002, entitled 'United States Savings Type

Securities,' last published in the Federal Register November 9, 1995,

at 60 FR 56868.

C. Treasury/BPD.003, entitled 'United States Securities (Other

than Savings Type Securities),' last published in the Federal Register

November 9, 1995, at 60 FR 56870.

D. Treasury/DO.002, entitled 'Treasury Integrated Management

Information System (TIMIS),' last published in the Federal Register

November 9, 1995, at 60 FR 56651.

E. Treasury/DO.210, entitled 'Treasury Integrated Financial

Management and Revenue System,' last published in the Federal Register

November 9, 1995, at 60 FR 56675.

F. Treasury/DO.211, entitled 'Telephone Call Detail Records,' last

published in the Federal Register November 9, 1995, at 60 FR 56677.

2. DOD will use personal data from the record system identified as

S322.11 DMDC, entitled 'Federal Creditor Agency Debt Collection

Database,' last published in the Federal Register at 58 FR 10875 on

February 22, 1993.

E. Description of computer matching program: Public Debt, as the

source agency, will provide DMDC with a magnetic tape which contains

the names of delinquent debtors in programs Public Debt 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 Public

Debt file against a DMDC computer database. The DMDC database,

established under an interagency agreement between DOD, OPM, OMB and

the Treasury Department, 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 Public Debt. Public

Debt is responsible for verifying and determining that the data on the

DMDC reply tape file are consistent with Public Debt's source file and

for resolving any discrepancies or inconsistencies on an individual

basis. Public Debt will also be responsible for making final

determinations as to positive identification, amount of indebtedness

and recovery efforts as a result of the match.

F. Individual notice and opportunity to contest: Due process

procedures will be provided by Public Debt to those individuals matched

(hits) consisting of Public Debt's verification of debt; a minimum of

30-day written notice to the debtor explaining the debtor's rights;

provision for debtor to examine and copy Public Debt's documentation of

the debt; provision for the debtor to seek Public Debt's review of the

debt (or in the case of the salary offset provision, opportunity for a

hearing before an individual who is not under the supervision or

control of the agency); and an opportunity for the individual to enter

a written agreement satisfactory to

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Public Debt for repayment. Only when all of the steps have been taken

will Public Debt disclose pursuant to a routine use to effect a salary

offset. Unless the individual notifies Public Debt otherwise within 30

days from the date of receipt of the notice, Public Debt will conclude

that the data provided to the individual is correct and will take the

next necessary action to recoup the debt. Failure to respond to the

notice will imply as to the correctness of the notice and justification

for taking the next step to collect the debt under the law.

G. Inclusive dates of the matching program: This computer matching

program is subject to review by the Office of Management and Budget 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 in receipt

resulting in a contrary determination, then this computer matching

program becomes effective and the respective agencies may begin the

exchange of data 30 days after the date of this published notice at a

mutually agreeable time and will be repeated on an annual basis. Under

no circumstances shall the matching program be implemented before this

30 day public notice period for comment has elapsed as this time period

cannot be waived. By agreement between the Department of the Treasury

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.

H. Address for receipt of public comments or inquiries: Director,

Defense Privacy Office, Crystal Mall 4, Room 920, 1941 Jefferson Davis

Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 96-18707 Filed 7-23-96; 8:45 am]

BILLING CODE 5000-04-F