Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and the Department of Defense

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Computer Matching Program Between the Office

of Personnel Management and the Department of Defense

AGENCY: Defense Manpower Data Center, Defense Logistics Agency,

Defense.

ACTION: Notice of a new computer matching program between the Office of

Personnel Management (OPM) and the Department of Defense (DoD) for

public comment.

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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 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 OPM and DoD

that their records are being matched by computer. The objective is to

identify individuals who are improperly receiving military retired pay

and (1) credit for military service in their civil service annuities,

or (2) annuities based on the `guaranteed minimum' disability formula.

This match will identify and/or prevent erroneous payments under the

Civil Service Retirement Act (CSRA), the Federal Employees' Retirement

System Act (FERSA), and the Joint Uniform Military Retired Pay System.

This agreement replaces all existing data exchange agreements that

pertain to the disclosure of beneficiary payment data between DMDC and

OPM.

DATES: This proposed action will become effective January 12, 1995, 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, 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 OPM and DoD has 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 identification of individuals who are improperly

receiving military retired pay. The match will yield the identity and

location of those individuals within the Federal government so that OPM

can make more timely and accurate adjustments in benefits, and prevent

or correct overpayments, fraud and abuse, thus assuring proper benefit

payments. 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 OPM and DoD is

available upon request to the public. Requests should be submitted to

the address caption above or to the Quality Assurance Division,

Retirement and Insurance Group, 1900 E Street, NW, Washington, DC

20415.

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 59 FR 37906 on July 25, 1994.

The matching agreement, as required by 5 U.S.C. 552a(r) of the

Privacy Act, and an advance copy of this notice was submitted on

December 1, 1994, to the Committee on Government Operations 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

July 15, 1994 (59 FR 37906, July 25, 1994). The matching program is

subject to review by OMB and Congress and shall not become effective

until that review period has elapsed.

Dated: December 6, 1994.

L. M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

Computer Matching Program Between the Office of Personnel

Management and the Department of Defense for Retired Military Pay

A.Participating agencies: Participants in this computer matching

program are the Quality Assurance Division, Retirement and Insurance

Group, Office of Personnel Management (OPM) and the Defense Manpower

Data Center (DMDC) of the Department of Defense (DoD). The OPM is the

source agency, i.e., the agency disclosing the records for the purpose

of the match. The DMDC is the specific recipient agency 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 individuals who are improperly receiving military retired pay

and (1) credit for military service in their civil service annuities,

or (2) annuities based on the `guaranteed minimum' disability formula.

This match will identify and/or prevent erroneous payments under the

Civil Service Retirement Act (CSRA), the Federal Employees' Retirement

System Act (FERSA), and the Joint Uniform Military Retired Pay System.

C.Authority for conducting the match: The legal authority for

conducting the matching program is contained in Title 5 U.S.C. 8331

(CSRA) and Title 5 U.S.C. 8401 (FERSA), et. seq. Title 5 U.S.C. 8332 is

the legal authority for CSRA and Title 5 U.S.C. 8411 is the legal

authority for FERSA for determining creditability of military service

for civil service retirement purposes. DoD's legal authority for

monitoring retired pay is Title 10 U.S.C. 1401.

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. OPM will use the record system identified as OPM/CENTRAL-1,

Civil Service Retirement and Insurance Records, last published at 58 FR

19170, April 12, 1993, and revised at 58 FR 41300, August 3, 1993.

2. DoD will use the record system identified as S322.10 DMDC,

Defense Manpower Data Center Data Base, 59 FR 55462, November 7, 1994.

The categories of records in the OPM and DoD records are personnel

employment records. The categories of individuals in the OPM system

consists of active, separated and retired civilian employees. The DMDC

database, established under an interagency agreement between DoD, OPM,

OMB, and the Department of the Treasury, consists of employment records

of Federal employees and military members, active, and retired. Both

record systems involved contain an appropriate routine use disclosure

provision required by the Privacy Act permitting the interchange of the

affected personal information between OPM and DoD. These routine uses

are compatible with the purpose for collecting the information and

establishing and maintaining the record systems.

E.Description of computer matching program: The tape extract

provided by OPM, the source agency, will contain the names, addresses,

social security numbers, dates of birth, retirement claim numbers,

provision retired codes and payment and service data of individuals

currently receiving benefits from OPM. DoD, the matching agency, data

will contain names, social security numbers, branches of service and

dates of retirement.The OPM file will contain the information for

approximately 1.5 million CSRA and FERSA retirees. DoD retired files

contain approximately 1.6 million records.

F.Inclusive dates of the matching program: This computer matching

program is subject to a 40-day review period by the Office of

Management and Budget and Congress. If no objections are raised by

either, and the mandatory 30 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 Treasury Department 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 OPM

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.

G.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. 94-30595 Filed 12-12-94; 8:45 am]

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