[Federal Register Volume 61, Number 236 (Friday, December 6, 1996)] [Notices] [Pages 64708-64709] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-31069] [[Page 64708]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Logistics Agency Privacy Act of 1974; Computer Matching Program Between the United States Department of Agriculture and the Defense Manpower Data Center of the Department of Defense AGENCY: Defense Manpower Data Center, Defense Logistics Agency, Department of Defense. ACTION: Notice of a computer matching program between the United States Department of Agriculture (USDA) 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 USDA and DoD that their records are being matched by computer. The record subjects are USDA 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 the Food Stamp Program administered by USDA so as to permit USDA 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 January 6, 1997, 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. 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 DoD and USDA has 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 USDA 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 USDA and DoD is available upon request to the public. Requests should be submitted to the address caption above or to the USDA, 14th and Independence Avenue, SW, Room 143-West, Washington, DC 20250. Telephone (202) 720-1168. 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 an advance copy of this notice was submitted on November 21, 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 (February 20, 1996, 61 FR 6427). The matching program is subject to review by OMB and Congress and shall not become effective until that review period has elapsed. Dated: December 1, 1996. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. Notice of a Computer Matching Program Between the United States Department of Agriculture and the Department of Defense for Debt Collection A. Partipating agencies: Participants in this computer matching program are the United States Department of Agriculture (USDA) and the Defense Manpower Data Center (DMDC) of the Department of Defense (DoD). The USDA 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, USDA will provide and disclose certain food stamp debtor records to DMDC so that DMDC can identify and locate any Federal personnel, employed or retired from service with the Federal Government, who may owe delinquent debts to the Federal Government for overissued Food Stamp Program benefits. USDA will use this information to initiate independent collection of those debts under the provisions of the Debt Collection Act when voluntary payment is not forthcoming. These collection efforts will include requests by USDA 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 computing 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, Administrative Offset, 5 U.S.C. 5514, Installment Deduction for Indebtedness (Salary Offset); 7 U.S.C. 2022 (Collection and Disposition of Claims); 10 U.S.C. 136, Assistant Secretaries of Defense; Section 101(l) of Executive Order No. 12674; 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); 7 CFR part 3, Debt Management (Agriculture); 7 CFR 273.18 (Claims against households). 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 USDA will use records from the system of records published as Claims Against Food Stamp Recipients--USDA FNS-3, last published at 56 FR 50552 on October 7, 1991, and amended at 58 FR 48633 on September 17, 1993. DoD will use the record system identified as S322.11 DMDC, entitled [[Page 64709]] `Federal Creditor Agency Debt Collection Data Base', last published in the Federal Register at 61 FR 32779 on June 25, 1996. E. Description of computer matching program: USDA, as the source agency, will provide DMDC with magnetic tapes which contain the names of certain debtors who are delinquent in paying for overissued food stamp benefits. Upon receipt of the computer tape files of debtor accounts, DMDC will perform a computer match using all nine digits of the SSN of the USDA 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 Federal employees and military members, active and retired. Matching records ('hits'), based on the SSN, will produce the debtor's name, service or agency, category, and current work and/or home address. The hits or matches will be furnished to USDA. USDA is responsible for verifying and determining that the data on the DMDC reply tape files are consistent with USDA source files and for resolving any discrepancies or inconsistencies on an individual basis. USDA is also responsible for making final determinations as to positive identification, amount of indebtedness and recovery efforts as a result of the match. 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 annually. 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 USDA and DoD, 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. 96-31069 Filed 12-5-96; 8:45 am] BILLING CODE 5000-04-F