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,

Department of Defense

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

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

public comment.

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SUMMARY: The DoD, 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 computer matching

program between OPM and DoD that their records are being matched by

computer. The record subjects are civil service annuitants who are

reemployed in the Federal government. By comparing the data received

through this computer matching program on a recurring basis, OPM and

DoD will be able to make timely and accurate adjustments in salary and

benefits. This program will prevent or correct overpayment, fraud and

abuse, thus insuring proper benefit payments.

DATES: This proposed action will become effective September 2, 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. 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.

FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, Jr., at (703) 607-

2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy

Act of 1974, as amended, (5 U.S.C, 552a), DoD and OPM have concluded an

agreement to conduct a computer matching program between the agencies.

The purpose of the match is to identify civil service annuitants

(including disability annuitants under age 60) who are reemployed by

DoD. This match will insure that (1) annuities of DoD reemployed

annuitants are terminated where applicable, and (2) salaries are

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correctly offset where applicable. A cost benefit analysis, based on

data collected from prior matches, shows that OPM will save

approximately $222,500 over a 12-month period by performing this match.

DoD does not expect to realize any monetary savings from this

matching program, but does benefit by having a mechanism to assist in

correcting its civilian personnel data bases. 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 above or to the Chief, Quality Assurance Division,

Retirement and Insurance Group, Office of Personnel Management,

Washington, DC 20415.

Set forth below is a 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 July

10, 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 4b 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). The matching program

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

until that review period has elapsed.

Dated: July 23, 1997.

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 ON REEMPLOYED ANNUITANTS

A. Participating Agencies: Participants in this computer matching

program are the Quality Assurance Division, Retirement and Insurance

Group, Office of Personnel Management (OPM), Washington, DC 20415 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 computer matching

program is to identify civil service annuitants (including disability

annuitants under age 60) who are reemployed by DoD. This match will

help insure that (1) annuities of DoD reemployed annuitants are

terminated where applicable and, (2) salaries are correctly offset

where applicable.

C. Authority of the Match: Both OPM and DoD have responsibilities

to monitor and adjust retirement benefits under Title 5 U.S.C. Section

8331 (CSRA), (especially 5 U.S.C. 8344) and Title 5 U.S.C. Section 8401

(FERSA) et seq. (especially 5 U.S.C. 8468).

D. Records to be matched: The match will involve the OPM system of

records published as OPM Central-1, Civil Service Retirement and

Insurance Records, 60 FR 63081, December 8, 1995 and the DoD system of

records last published as Defense Manpower Data Center Data Base,

S322.10 DMDC, 61 FR 6355, February 20, 1996.

Appropriate routine uses have been published by both agencies to

permit disclosures needed to conduct this match. They are respectively

identified and accentuated in the attached record system notices of the

parties.

E. Description of Computer Matching Program: DMDC will match OPM

data with DoD employee data for the same dates to make an initial

determination. DMDC will share the matched information with appropriate

DoD offices. DoD will screen the initial data appropriate to rule out

matched individuals who are not valid matches according to information

available to them at the time. DoD will take appropriate adjustment

action for each matched individual including notification to OPM of

individuals suspected of receiving retirement benefits to which they

are not entitled.

Each individual identified as receiving prohibited retirement

benefits will be notified of the match findings and will be afforded

due process by OPM and given the opportunity to contest the findings

and any actions that may ensue as a result of the match. Each

individual identified as having improper salary will be notified by DoD

and will be given an opportunity to contest the findings.

DMDC will provide OPM with an annual report summarizing the results

of the matches.

The OPM file will contain the information on approximately 1.5

million CSRA and FERSA retirees. The DoD file contains approximately

800 thousand DoD civilian employee records.

The tape extract provided by OPM will contain the names, addresses,

social security numbers, payment and service data of individuals

receiving benefits from OPM.

F. Inclusive Dates of the Matching Prgram: 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 on a quarterly basis.

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 OPM and DoD, 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. 97-19990 Filed 7-30-97; 8:45 am]

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