[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45634-45635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22908]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program Between the 
National Science Foundation and the Defense Manpower Data Center of the 
Department of Defense

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, 
Department of Defense.
ACTION: Proposed computer matching program between the National Science 
Foundation and the Defense Manpower Data Center of the Department of 
Defense (DoD).

-----------------------------------------------------------------------

SUMMARY: DMDC, as the matching agency under the Privacy Act of 1974, as 
amended, (5 U.S.C. 552a), is hereby giving constructive notice in lieu 
of direct notice to the record subjects of a proposed computer matching 
program between the National Science Foundation (NSF) and DMDC that 
their records are being matched by computer. The record subjects are 
delinquent debtors of the National Science Foundation, who are current 
or former Federal employees or military members receiving Federal 
salary or benefit payments and indebted and delinquent in their payment 
of debts owed to the United States Government under certain programs 
administered by the National Science Foundation so as to permit the 
National Science Foundation 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 September 29, 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.

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. Telephone (703) 607-
2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C. 552a), the National Science 
Foundation and DMDC 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 from 
defaulters of obligations held by the National Science Foundation under 
the Debt Collection Act of 1982. The match will yield the identity and 
location of the debtors within the Federal government so that the 
Foundation 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 the National 
Science Foundation and DMDC is available to the public upon request. 
Requests should be submitted to the address caption above or to the 
Debt Management Officer, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230.
    Set forth below is a public notice of the establishment of the 
computer matching program required by paragraph (e)(12) of the Privacy 
Act.
    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 
August 15, 1997, 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 (61 FR 6435, February 20, 1996). This matching program 
is subject to review by OMB and Congress and shall not become effective 
until that review period of 40 days has elapsed.

    Dated: August 25, 1997.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Computer Matching Program Between the National Science Foundation, 
and the Defense Manpower Data Center of the Department of Defense 
for Debt Collection

    A. Participating agencies: Participants in this computer matching 
program are the National Science Foundation (NSF) and the Defense 
Manpower Data Center (DMDC), Department of Defense (DoD). The National 
Science Foundation is the source agency, i.e., the agency disclosing 
the records for the purpose of the match. DMDC is the specific 
recipient 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 or retired, who owe 
deliquent debts to the Federal Government under certain programs 
administered by NSF. NSF will use this information to initiate 
independent collection of those debts under the provisions of the Debt 
Collection Act of 1982.

    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, as amended, Installment Deduction 
for

[[Page 45635]]

Indebtedness (Salary Offset); 10 U.S.C. 136, as amended, Under 
Secretary of Defense for Personnel 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 of Justice); 5 CFR 550.1101 - 550.1108, 
Collection by Offset from Indebted Government Employees (OPM); 45 CFR 
part 607 (NSF).

    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 as follows:
    1. NSF will use personal data from the following Privacy Act record 
system for the match: NSF-57, `Delinquent Debtors' File,' which was 
published in the Federal Register at 58 FR 33674 on June 18, 1993.
    2. 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 on June 
25, 1996.
    The categories of records in the NSF record system are delinquent 
debtors. The categories of records in the DoD system consists of 
employment records of active and retired military members, including 
the Reserve and Guard, and the OPM government-wide Federal active and 
retired civilian records. Both record systems contain an appropriate 
routine use disclosure provision required by the Privacy Act permitting 
the disclosure of the affected personal information between the 
National Science Foundation and DoD. The routine uses are compatible 
with the purpose for collecting the information and establishing and 
maintaining the record systems.

    E. Description of computer matching program: NSF, as the source 
agency, will provide DMDC with an electronic file containing the names 
and SSN of its delinquent debtors. Upon receipt of debtor accounts, 
DMDC will perform a computer match using all nine digits of the SSN of 
the NSF list 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 NSF. NSF is 
responsible for verifying and determining that the data on the DMDC 
reply hard copy list are consistent with NSF's source file and for 
resolving any discrepancies or inconsistencies on an individual basis. 
NSF will also be responsible for making final determinations as to 
positive identification, amount of indebtedness and recovery efforts as 
a result of the match.

    F. Individual notice and opportunity to contest: Due process 
procedures will be provided by the NSF to those individuals matched 
(hits) consisting of the NSF's verification of debt; a minimum of 30-
day written notice to the debtor explaining the debtor's rights; 
provision for debtor to examine and copy NSF's documentation of the 
debt; provision for debtor to seek the NSF's 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 NSF for repayment. Only when all of the 
steps have been taken will the NSF disclose, pursuant to a routine use, 
to effect an administrative or salary offset. Unless the individual 
notifies the Foundation otherwise within 30 days from the date of the 
notice, NSF will conclude that the data provided to the individual is 
correct and will take the next necessary action to recoup the debt. 
Failure to respond to the notice will be construed as to the 
correctness of the notice and justification for taking the next step to 
collect the debt under the law.

    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 no objections are raised by either, and the mandatory 40 
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 on an annual basis, unless 
OMB or the National Science Foundation request a match twice a year. 
Under no circumstances shall the matching program be implemented before 
this 30 day public notice period for comment has elapsed as this time 
period cannot be waived. By agreement between the National Science 
Foundation 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, Crystal Mall 4, Room 920, 1941 Jefferson Davis 
Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.
[FR Doc. 97-22908 Filed 8-27-97; 8:45 am]
BILLING CODE 5000-04-F