[Federal Register Volume 59, Number 238 (Tuesday, December 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30595]


[[Page Unknown]]

[Federal Register: December 13, 1994]


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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]
BILLING CODE 5000-04-F