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

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).

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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]

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