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 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

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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]

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