Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices 35619

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Computer

Matching Program

AGENCY: Defense Manpower Data

Center, Defense Logistics Agency.

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 Department of Defense

(DoD), as the matching agency under the

Privacy Act, is hereby giving notice to

the record subjects of a computer

matching program between Small

Business Administration (SBA) and DoD

that records are being matched by

computer. The record subjects are SBA

delinquent debtors who may be current

or former Federal employees receiving

Federal salary or benefit payments and

who are indebted and or delinquent in

their repayment of debts owed to the

United States Government under

programs administered by SBA.

DATES: This proposed action will

become effective July 5, 2000, 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, Suite 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

DoD and SBA 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

SBA can pursue recoupment of the debt

by voluntary payment or by

administrative or salary offset

procedures.

A copy of the computer matching

agreement between the SBA and DoD is

available upon request to the public.

Requests should be submitted to the

address caption above or to the Deputy

Assistant Administrator, Office of the

Portfolio Management, 409 Third Street,

SW, Suite 8300, Washington, DC 20416.

Set forth below is a public notice of

the establishment of the computer

matching program required by

paragraph 6.c. of the Office of

Management and Budget Guidelines on

computer matching published 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 were

submitted on May 16, 2000, to the

House Committee on Government

Reform, the Senate Committee on

Government 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 (February 20, 1996, 61

FR 6427).

Dated: May 30, 2000.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

Notice of a Computer Matching

Program between the Small Business

Administration, and the Department of

Defense for Debt Collection.

A. Participating agencies: Participants

in this computer matching program are

the Small Business Administration

(SBA) and the Defense Manpower Data

Center (DMDC), Department of Defense

(DoD). The Small Business

Administration 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: The purpose

of the match is to identify and locate

any matched Federal personnel,

employed, serving, or retired, who owe

delinquent debts to the Federal

Government under certain programs

administered by SBA. SBA 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 SBA 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 OPM 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 (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); 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); 13 CFR, part 140,

Debt Collection (SBA).

D. Records to be matched: The

systems of records described below

contain an appropriate routine use

provisions which permits disclosure of

information between agencies.

SBA will use personal data from the

Privacy Act record system identified as

SBA 075, entitled, ‘Loan Case File’,

published in the Federal Register at 56

FR 8022 on February 26, 1991, but

amended in the Federal Register at 65

FR 1422 on January 10, 2000 and

corrected at 65 FR 459 on January 27,

2000.

DoD will use personal data from the

Privacy Act record system identified as

S322.11 DMDC, entitled ‘Federal

Creditor Agency Debt Collection Data

Base,’ last published in the Federal

Register at 64 FR 42101, August 3, 1999.

E. Description of computer matching

program: SBA, as the source agency,

will provide DMDC with an electronic

file which contains the names of

delinquent debtors in programs SBA

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 SBA 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 personnel records

of non-postal Federal civilian

employees and military members, both

active and retired. The ‘hits’ or matches

will be furnished to SBA. SBA is

responsible for verifying and

determining that the data on the DMDC

electronic reply tape file are consistent

35620 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

with SBA source file and for resolving

any discrepancies or inconsistencies on

an individual basis. SBA 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 tape provided by

SBA will contain data elements of the

debtor’s name, SSN, internal account

numbers and the total amount owed for

each debtor on approximately 25,000

delinquent debtors.

The DMDC computer database file

contains approximately 4.8 million

records of active duty and retired

military members, including the Reserve

and Guard, and approximately 3.1

million records of active and retired

non-postal Federal civilian employees.

F. Individual notice and opportunity

to contest: Due process procedures will

be provided by SBA to those individuals

matched (hits) consisting of SBA’S

verification of debt; a minimum of 30-

day written notice to the debtor

explaining the debtor’s rights;

opportunity for the debtor to examine

and copy SBA documentation relating

to the debt; provision for debtor to seek

the SBA review of the debt (or in the

case of the salary offset provision,

opportunity for a hearing before an

individual who is not under the

supervision or control of the agency);

and opportunity for the individual to

enter into a written agreement

satisfactory to the SBA for repayment.

Only when all of the steps have been

taken will SBA disclose information,

pursuant to a routine use, to effect an

administrative or salary offset. Unless

the individual notifies SBA within 30

days from the date of the notice, SBA

will infer that the data provided the

individual is accurate and correct and

will take the next step, as authorized by

law, to recoup the delinquent debt.

G. Inclusive dates of the matching

program: This computer matching

program is subject to review by the

Office of Management and Budget and

Congress. If the mandatory 30 day

period for public comment has expired

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 and will be

repeated on an annual basis. By

agreement between SBA and DoD, the

matching program will be in effect and

continue for 18 months with an option

to extend for 12 additional months

unless one of the parties to the

agreement advises the other by written

request to terminate or modify the

agreement.

H. 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. 00–13896 Filed 6–2–00; 8:45 am]

BILLING CODE 5001–10–F

DEPARTMENT OF DEFENSE

Department of the Navy

Meeting of the Board of Visitors to the

U.S. Naval Academy

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

SUMMARY: The U.S. Naval Academy

Board of Visitors will meet to make such

inquiry as the Board shall deem

necessary into the state of morale and

discipline, the curriculum, instruction,

physical equipment, fiscal affairs, and

academic methods of the Naval

Academy. During this meeting inquiries

will relate to the internal personnel

rules and practices of the Academy, may

involve on-going criminal

investigations, and include discussions

of personal information the disclosure

of which would constitute a clearly

unwarranted invasion of personal

privacy. The executive session of this

meeting will be closed to the public.

DATES: The meeting will be held on

Monday, June 12, 2000 from 8:30 a.m.

to 11:45 a.m. The closed Executive

Session will be from 10:50 a.m. to 11:45

a.m.

ADDRESSES: The meeting will be held in

the Bo Coppedge Room of Alumni Hall

at the U.S. Academy, Annapolis,

Maryland.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Thomas E.

Osborn, Executive Secretary to the

Board of Visitors, Office of the

Superintendent, U.S. Naval Academy,

Annapolis, MD 21402–5000, telephone

(410) 293–1503.

SUPPLEMENTARY INFORMATION: This

notice of meeting is provided per the

Federal Advisory Committee Act (5

U.S.C. App. 2). The executive session of

the meeting will consist of discussions

of information which pertain to the

conduct of various midshipmen at the

Naval Academy and internal Board of

Visitors matters. Discussion of such

information cannot be adequately

segregated from other topics, which

precludes opening the executive session

of this meeting to the public. In

accordance with 5 U.S.C. App. 2,

section 10(d), the Secretary of the Navy

has determined in writing that the

special committee meeting shall be

partially closed to the public because

they will be concerned with matters as

outlined in section 552(b)(2), (5), (6),

and (7) of title 5, U.S.C. Due to

unavoidable delay in administrative

processing, the 15 days advance notice

could not be provided.

Dated: May 30, 2000.

J.L. Roth,

Lieutenant Commander, Judge Advocate

General’s Corps, U.S. Navy, Federal Register

Liaison Officer.

[FR Doc. 00–14115 Filed 6–2–00; 8:45 am]

BILLING CODE 3810–FF–U

DEPARTMENT OF DEFENSE

Department of the Navy

Privacy Act of 1974; System of

Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to amend record system.

SUMMARY: The Department of the Navy

proposes to amend a system of records

notice in its inventory of record systems

subject to the Privacy Act of 1974 (5

U.S.C. 552a), as amended.

DATES: The amendments will be

effective on July 5, 2000, unless

comments are received that would

result in a contrary determination.

ADDRESSES: Send comments to the

Department of the Navy, PA/FOIA

Policy Branch, Chief of Naval

Operations (N09B30), 2000 Navy

Pentagon, Washington, DC 20350–2000.

FOR FURTHER INFORMATION CONTACT: Mrs.

Doris Lama at (202) 685–6545 or DSN

325–6545.

SUPPLEMENTARY INFORMATION: The

Department of the Navy’s record system

notices for records systems subject to

the Privacy Act of 1974 (5 U.S.C. 552a),

as amended, have been published in the

Federal Register and are available from

the address above.

The Department of the Navy proposes

to amend a system of records notice in

its inventory of record systems subject

to the Privacy Act of 1974 (5 U.S.C.

552a), as amended. The changes to the

system of records are not within the

purview of subsection (r) of the Privacy

Act of 1974 (5 U.S.C. 552a), as amended,

which requires the submission of new

or altered systems reports. The record

system being amended is set forth

below, as amended, published in its

entirety.