Privacy Act of 1974; Computer Matching Program

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, 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 HUD and DoD

that their records are being matched by computer. The record subjects

are HUD 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 HUD so as to permit HUD 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.

EFFECTIVE DATE: This action will become effective March 18, 1998,

unless comments are received which would result in a contrary

determination. Any public comment must be received before the effective

date.

ADDRESSES: Any interested party may submit written comments to the

Acting 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 HUD 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 HUD 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 HUD and DMDC is

available upon request to the public. Requests should be submitted to

the address caption above or to the Department of Housing and Urban

Development, Debt Management and Title I Operations Division, 470

L'Enfant Plaza, Suite 3115, Washington, DC 20024.

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 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

January 20, 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. A-130, `Federal Agency Responsibilities for

Maintaining Records about Individuals,' dated February 8, 1996 (61 FR

6435). The matching program is subject to review by OMB and Congress

and shall not become effective until that review period has elapsed.

Dated: January 26, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF DEFENSE FOR

DEBT COLLECTION

A. PARTICIPATING AGENCIES: Participants in this computer matching

program are the Department of Housing and Urban Development (HUD) and

the Defense Manpower Data Center (DMDC) of the Department of Defense

(DoD). The HUD 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: Upon the execution of this agreement, the

HUD will provide and disclose debtor records to DMDC to identify and

locate any matched Federal personnel, employed or retired, who owe

delinquent debts to the Federal Government under certain programs

administered by HUD. These debtors are from the Title I Property

Improvement Loan Program, Single Family Generic Debt program and the

Departmental Claims. HUD 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 HUD 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), as amended by the Debt Collection Improvement

Act of 1996 (Pub. L. 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

[[Page 6543]]

Administrative Offset, 5 U.S.C. 5514 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);

24 CFR part 17, Administrative Claims, subpart C, Secs. 17.60 and

17.125-17.140, Salary Offset Provisions (HUD) implementing 5 U.S.C.

5514(b)(1).

D. RECORDS TO BE MATCHED: The systems of records maintained by the

respective agencies from which records will be disclosed for the

purpose of this computer match are as follows:

HUD will use personal data from the record system identified as

HUD/DEPT 2, entitled `Accounting Records' last published in the Federal

Register on November 25, 1994, at 59 FR 60651.

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 June 25, 1996, at 61

FR 32779.

Sections 5 and 10 of the Debt Collection Act of 1982 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: HUD, as the source

agency, will provide DMDC with a electronic file which contains the

names of delinquent debtors in programs HUD 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 HUD 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 HUD. HUD is responsible for verifying and determining

that the data on the DMDC reply tape file are consistent with HUD's

source file and for resolving any discrepancies or inconsistencies on

an individual basis. HUD 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 HUD will contain data elements of

the debtor's name, SSN, internal account numbers and the total amount

owed for each debtor on approximately 44,779 delinquent debtors,

(42,960 in Title I, 1,665 in Generic Debt and 154 in Department Claims.

The DMDC computer database file contains approximately 10 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 HUD file by computer against the

DMDC database. Matching records, hits based on SSN's will produce data

elements of the member's name, SSN, service or agency, and current work

or home address.

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. By agreement between HUD 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: Acting

Director, Defense Privacy Office, 1941 Jefferson Davis Highway, Room

920, Arlington, VA 22202-4502.

[FR Doc. 98-2397 Filed 2-6-98; 8:45 am]

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