Privacy Act of 1974; Computer Matching Program Between the Armed Forces Retirement Home and the Defense Manpower Data Center of the Department of Defense

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 public notice of a computer matching program

between AFRH and DoD that certain records are being matched by

computer. The record subjects are AFRH resident whose average age is 70

years, and many have physical or mental impairments; thus, it has been

found that requested income information submitted by residents are not

reliable, or is difficult or impossible to acquire. A computer match

will provide accurate benefit information on the residents. This is a

pilot project and no figures are available at this time. No cost-

benefit analysis has been accomplished for this match and a waiver of

the analysis was granted by the respective agency Data Integrity

Boards. By actually conducting a verification of Federal payments to

residents, the AFRH can accurately and fairly determine and fix the

individual fees from time to time as required by law.

DATES: This proposed action will become effective April 24, 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.

FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, 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 DMDC and AFRH 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 verification of Federal payments to residents.

The match will yield the benefit information on the residents so that

AFRH can accurately and fairly determine and fix the individual fees

from time to time as required by law. 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 AFRH and DMDC is

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

the address caption above or to the Budget Officer, Management

Information Systems, Armed Forces Retirement Home, 3700 North Capitol

Street, NW, Washington, DC 20317-0002. Telephone (202) 722-3216.

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 54 FR 25818 on June 19, 1989.

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 March

10, 1995, 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: March 17, 1995.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

Notice of a Computer Matching Program Between the Armed Forces

Retirement Home and the Department of Defense for Verification of

Federal Payments to Residents

A. Participating agencies: Participants in this computer matching

program are the Armed Forces Retirement Home (AFRH) and the Defense

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

AFRH 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: Upon the execution of this agreement, the

conditions will be established under which the DoD, VA and OPM agree to

a computer matching program for the disclosure of military retired or

retainer pay, civil service annuity, and compensation or pension from

the VA for the residents of the AFRH, which includes the United States

Soldiers' and Airmen's Home (USSAH) and the United States Naval Home

(USNH). This disclosure will provide the AFRH with information

necessary to verify the payment information currently provided by

residents for the computation of their monthly fee, and identify any

unreported benefit payments received by residents.

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

conducting the matching program is contained in the Armed Forces

Retirement Home Act of 1991, Pub. L. 101-510, 24 U.S.C. 401-441. The

law also incorporated the U.S. Naval Home and the U.S. Soldiers' and

Airmen's Home into a single independent establishment in the Executive

branch of the Federal government as the Armed Forces Retirement Home.

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:

The AFRH will use personal data from the Privacy Act record system

identified as AFRH-1, entitled `Armed Forces Retirement Home Resident

Fee Maintenance System' last published in [[Page 15544]] the Federal

Register at 58 FR 68629 on December 28, 1993.

DMDC will use personal data from the record system identified as

S322.10 DMDC, entitled `Defense Manpower Data Center Data Base,' last

published in the Federal Register at 59 FR 55462 on November 7, 1994.

Agencies must publish routine uses pursuant to subsection (b)(3) of

the Privacy Act for those systems of records from which they intend to

disclose this information. Otherwise they must obtain the written

consent of the record subjects to disclose outside the agency.

Moreover, the routine use, with respect to the disclosure of a record,

must be compatible with the purpose for which it was collected.

E. Description of computer matching program: The AFRH, as the

source agency, will provide DMDC with a magnetic computer tape which

contains the name, SSN and date of birth of each resident. Upon receipt

of the computer tape file of residents, DMDC will perform a computer

match using all nine digits of the SSN of the AFRH file against a DMDC

computer database of personnel/employment/pay records of all uniformed

services officers and enlisted personnel who served on active duty or

retired, including individuals receiving any Federal compensation,

pension or annuity from the VA or OPM. Matching records (hits) based on

the SSN, will produce the member's military retired or retainer pay,

civil service annuity and VA compensation and pension. The match

results will be furnished to AFRH. AFRH is responsible for verifying

and determining that the data on the DMDC reply tape file are

consistent with AFRH's source file and for resolving any discrepancies

or inconsistencies on an individual basis. AFRH will also be

responsible for making final determinations as to positive

identification and the amount of Federal payment received by the

resident as a result of the match.

The AFRH will provide a magnetic computer tape in a format defined

by DMDC on a semiannual basis. This file will contain the name and SSN

of approximately 2,700 residents whose records DMDC will verify.

The DMDC computer database file contains approximately 10 million

records of active duty and retired military members, including the

Reserve and Guard; the VA compensation and pension records on military

retirees; and the OPM compensation and annuity records on military

retirees.

F. 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 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 annually. Under no

circumstances shall the matching program be implemented before the 30

day public notice period for comment has elapsed as this time period

cannot be waived. By agreement between AFRH and DMDC, the matching

program will be in effect and continue for 18 months with an option to

renew 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. 95-7223 Filed 3-23-95; 8:45 am]

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