[Federal Register Volume 65, Number 50 (Tuesday, March 14, 2000)]
[Notices]
[Pages 13733-13734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6174]



[[Page 13733]]

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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.

ACTION: Notice of a computer matching program.

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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 National Science 
Foundation (NSF)and DoD that records are being matched by computer. The 
record subjects are NSF 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 NSF.

DATES: This proposed action will become effective April 13, 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 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 NSF 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 NSF 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 NSF and DoD 
is available upon request to the public. 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 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 
February 28, 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: March 8, 2000.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Notice of a Computer Matching Program between the National Science 
Foundation, and 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 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 NSF. NSF 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 NSF 
of the military service/employing agency in the case of military 
personnel (either active, reserve, or retired) and current 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); 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, 5 U.S.C. 
552a, 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 
systems for the match: NSF-57, `NSF Delinquent Debtors File' which was 
published in the Federal Register at 62 FR 59903 on November 5, 1997.
    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 64 FR 42101 on August 
3, 1999.
    E. Description of computer matching program: NSF, as the source 
agency, will provide DMDC with a file which contains information 
specified below. Upon receipt of the file of debtor accounts, DMDC will 
perform a computer match using all nine digits of the SSN of the NSF 
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 NSF. NSF is 
responsible for verifying and determining that the data on the DMDC 
reply file 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

[[Page 13734]]

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 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; 
opportunity for the debtor to examine and copy NSF's documentation 
relating to 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 NSF within 30 days from the date of the notice, 
NSF 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 six month basis. By agreement 
between NSF 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. 00-6174 Filed 3-13-00; 8:45 am]
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