# Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and the Department of Defense > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-30595 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 13, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 5000-04-F --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-30595. Public record. Not legal advice.