[Federal Register Volume 60, Number 222 (Friday, November 17, 1995)] [Notices] [Pages 57699-57700] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-28375] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Privacy Act of 1974; Notice of a Computer Matching Program Between the Federal Emergency Management Agency and the Defense Manpower Data Center of the Department of Defense AGENCY: Defense Manpower Data Center, Defense Logistics Agency, Defense. ACTION: Notice of a computer matching program between the Federal Emergency Management Agency (FEMA) and the Department of Defense (DoD) for public comment. ----------------------------------------------------------------------- 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 FEMA and DoD that their records are being matched by computer. The record subjects are FEMA 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 FEMA so as to permit FEMA 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 December 18, 1995, and the computer matching may 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. FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, 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 FEMA 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 FEMA 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 FEMA and DMDC is available upon request to the public. Requests should be submitted to the address caption above or to the Debt Collection Officer, Federal Emergency Management Agency, Office of the Secretary, Office of Financial Management MS 7258 MIB, Washington, DC 20240. Telephone (202) 208-4703. 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 copy of this notice will be submitted for review 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. A130, `Federal Agency Responsibilities for Maintaining Records about Individuals,' dated July 15, 1994 (59 FR 37906, July 25, 1994). The matching program is subject to review by OMB and Congress and shall not become effective until that review period has elapsed. Dated: November 13, 1995. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE DEPARTMENT OF DEFENSE FOR DEBT COLLECTION A. Participating agencies: Participants in this computer matching program are the Federal Emergency Management Agency (FEMA) and the Defense Manpower Data Center (DMDC) of the Department of Defense (DoD). FEMA 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 an agreement, the FEMA 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 DOD. FEMA 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 FEMA of any employing Federal 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 (Public Law 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 for Personnel and Readiness; 10 U.S.C. 138, as amended, Assistant Secretaries of Defense; section 101(1) of Executive Order 12731; 4 CFR Ch. II, Federal Claims Collection Standards (General Accounting Office -Department [[Page 57700]] of Justice); 5 CFR 550.1101 - 550.1108 Collection by Offset from Indebted Government Employees (OPM); 44 CFR 11.43 Salary Offset and 44 CFR 11.45 Administrative Offset (Federal Emergency Management Agency). 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: FEMA will use personal data from the record system identified as FEMA/OC-2, entitled 'Debt Collection Files' last published in the Federal Register at 58 FR 63986 on December 3, 1993. DMDC 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 on February 22, 1993, at 58 FR 10875. Sections 5 and 10 of the Debt Collection Act 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: FEMA, as the source agency, will provide DMDC with an electronic file which contains the names of delinquent debtors in programs the FEMA 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 FEMA 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 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 FEMA. FEMA is responsible for verifying and determining that the data on the DMDC reply tape file are consistent with the FEMA source file and for resolving any discrepancies or inconsistencies on an individual basis. FEMA 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 FEMA will contain data elements of the debtor's name, Social Security Number, debtor status and debt balance, internal account numbers and the total amount owed on approximately 5,600 delinquent debtors. 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 Federal civilian records of current and retired Federal employees. DMDC will match the SSN on the FEMA electronic file by computer against the DMDC database. Matching records, hits based on SSN, 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 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 semiannually. Under no circumstances shall the matching program be implemented before the 30 day public notice period for comment has elapsed as this time period cannot be waived. By agreement between FEMA 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, Crystal Mall 4, Room 920, 1941 Jefferson Davis Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943. [FR Doc. 95-28375 Filed 11-16-95; 8:45 am] BILLING CODE 5000-04-F