# Privacy Act of 1974; Notice of a Computer Matching Program

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-22695

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 25, 1998
- **Citation:** 63 FR 45231

## Text

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Notice of a 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, as the matching agency under the Privacy
Act, is hereby giving constructive notice in lieu of direct notice to
the record subjects of a computer matching program between Railroad
Retirement Board (RRB) and DoD that their records are being matched by
computer. The record subjects are RRB 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 RRB so as to
permit RRB 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, as amended.
DATES: This proposed matching program will become effective September
24, 1998 and matching may commence, unless changes to the matching
program are required due to public comments or by Congressional or
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 telephone
(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 RRB 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 RRB 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 RRB and DMDC is
available upon request to the public. Requests should be submitted to
the address caption above or to the Debt Management Operations
Specialist, Railroad Retirement Board, Bureau of Fiscal Operations, 844
Rush Street, Chicago, IL 60611-2092. Telephone (312) 751-4963.
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 in the Federal
Register at 54 FR 25818 on June 19, 1989.
The matching agreement, as required by 5 U.S.C. 552a(r) of the
Privacy Act, and a advanced copy of this notice was submitted on August
11, 1998, to the House Committee on Government Reform and Oversight,
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.
A130, `Federal Agency Responsibilities for Maintaining Records about
Individuals,' dated February 8, 1996 (61 FR 6435).

[[Page 45232]]

Dated: August 19, 1998.

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

NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE RAILROAD
RETIREMENT BOARD AND THE DEPARTMENT OF DEFENSE FOR DEBT COLLECTION

A. PARTICIPATING AGENCIES: Participants in this computer matching
program are the Railroad Retirement Board (RRB) and the Defense
Manpower Data Center (DMDC) of the Department of Defense (DoD). RRB is
the source agency, i.e., the activity disclosing the records for the
purpose of the match. DMDC is the specific 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, the
RRB will provide and disclose debtor records to DMDC to identify and
locate any matched Federal personnel, employed, serving, or retired,
who may owe delinquent debts to the Federal Government under certain
programs administered by the RRB. The RRB 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 the
RRB 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 (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 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);
and 20 CFR part 367, Recovery of Debts Owed to the Railroad Retirement
Board From Other Government Agencies.
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:
RRB will use personal data from the record system identified as
RRB-42, entitled `Uncollectible Benefit Overpayment Accounts' last
published in the Federal Register at 49 FR 7900 on March 2, 1984 and
amended as published in the Federal Register at 56 FR 47502 on
September 19, 1991.
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, June 25,
1996.
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 constitutes
the necessary authority to satisfy the compatibility requirement of
subsection (a)(7) of the Privacy Act. The systems of records described
above contain an appropriate routine use provision which permits
disclosure of information between the agencies.
E. DESCRIPTION OF COMPUTER MATCHING PROGRAM: The RRB, as the source
agency, will provide DMDC with a electronic file which contains the
names of delinquent debtors in programs the RRB 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 RRB 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 civilian
employees and military members, both active and retired. The `hits', or
matches will be furnished to the RRB. The RRB is responsible for
verifying and determining that the data on the DMDC electronic reply
file are consistent with the RRB's source file and for resolving any
discrepancies or inconsistencies on an individual basis. The RRB 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 the RRB will contain data elements
of the debtor's name, SSN, internal account numbers and the total
amount owed for each debtor on approximately 5,000 delinquent debtors.
The DMDC computer database file contains approximately 8.64 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.
DMDC will match the SSN on the RRB file by computer against the
DMDC database. Matching records, `hits' based on SSN, will produce data
elements of the individual's name, SSN, military service or employing
agency, and current work or home address.
F. INCLUSIVE DATES OF THE MATCHING PROGRAM: This computer matching
program is subject to public comment and review by Congress and the
Office of Management and Budget. If the mandatory 30 day period for
public comment has expired and no comments are received 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 an
annual basis. By agreement between RRB 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, Suite 920,
Arlington, VA 22202-4502. Telephone (703) 607-2943.
[FR Doc. 98-22695 Filed 8-24-98; 8:45 am]
BILLING CODE 5000-4-F

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-22695. Public record. Not legal advice.