[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)] [Notices] [Pages 45231-45232] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-22695] ----------------------------------------------------------------------- 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 ----------------------------------------------------------------------- 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