[Federal Register Volume 69, Number 47 (Wednesday, March 10, 2004)]
[Notices]
[Pages 11392-11393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4893]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DOD.

ACTION: Notice of a computer matching agreement.

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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 Department of Defense (DoD), as the matching 
agency under the Privacy Act, is hereby giving notice to the record 
subjects of a computer matching program between the Office of Personnel 
Management (OPM) and the DoD that records are being matched by 
computer. The goal of the match is to identify individuals who are 
improperly receiving credit for military service in their civil service 
annuities or annuities based on the ``guaranteed minimum'' disability 
formula. This match will identify and/or prevent erroneous payments 
under the Civil Service Retirement Act (CSRA) and the Federal Employees 
Retirement System Act (FERSA) pay systems.

DATES: This proposed action will become effective March 10, 2004 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, 1941 Jefferson Davis Highway, Suite 
920, Arlington, VA 22202-4502.

[[Page 11393]]


FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, Jr. at (703) 
607-2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C. 552a), the DoD and OPM 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 identification of individuals who are 
improperly receiving military retired pay.
    A copy of the computer matching agreement between the OPM and the 
DoD is available upon request. Requests should be submitted to the 
address caption above or to the chief, Retirement Inspection Branch, 
Room 2309, Retirement and Insurance Service, Office of Personnel 
Management, 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 on June 19, 1989, 
at 54 FR 25818.
    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 
February 24, 2004, to the House Committee on Government Reform, the 
Senate Committee on Governmental Affairs, 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 February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: March 1, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Notice of a 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 Office of Personnel Management (OPM) and the Defense 
Manpower Data Center (DMDC) of the Department of Defense (DoD). The 
Office of Personnel Management 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: The purpose of this agreement is to 
establish the conditions for a computer matching program between the 
OPM as the source agency and the DMDC as the recipient agency. The goal 
of the match is to identify individuals who are improperly receiving 
credit for military service in their civil service annuities or 
annuities based on the ``guaranteed minimum'' disability formula. This 
match will identify and/or prevent erroneous payments under the CSRA 
and FERSA Pay system.
    C. Authority for conducting the Match: It is OPM's responsibility 
to monitor retirement and survivor benefits paid under 5 U.S.C. 8331 
(CSRA), et seq. and 5 U.S.C. 8401 (FERSA), et seq. Specifically, 5 
U.S.C. 8332 is the legal authority for CSRA and 5 U.S.C. 8411 is the 
legal authority for FERSA for determining whether military service may 
be credited for civil service retirement purposes.
    D. Records To Be Matched: The systems of records described below 
contain an appropriate routine use provisions which permits disclosure 
of information between agencies.
    The OPM will use the system of records identified as OPM/Central-1, 
``Civil Service Retirement and Insurance Records,'' last published at 
64 FR 54930, (October 8, 1999), as amended at 65 FR 25775, May 3, 2000.
    The DoD will use the system of records identified as S322.10 DMDC, 
Defense Manpower Data Center Data Base, published at 67 FR 78781, 
December 26, 2002.
    E. Description of Computer Matching Program: The OPM will provide 
the DMDC with an electronic file which contains specified data elements 
of individual CSRA and FERSA annuitants. Upon receipt of the electronic 
file, the DMDC will perform a computer match using all nine digits of 
the SSN's in the OPM file against the DMDC computer database on 
military retired pay data. The data will be matched to identify those 
individuals who are being paid in apparent violation of law, i.e., the 
civil service annuity is based on military service other than that 
which was awarded (1) on account of a service connected disability 
incurred in combat with an enemy of the United States; (2) on account 
of a service connected disability caused by an instrumentality of war 
and incurred in the line of duty during a period war; or (3) based on 
non-regular (i.e., reserve) service under the provisions of 10 U.S.C. 
12731-12739.
    The data elements provided by the OPM for the match file will 
contain the names, addresses, social security number, date of birth, 
OPM retirement claim number, OPM provision retired codes, and annuity 
payment and service data of individuals currently receiving benefits 
from OPM. The OPM database contains approximately 1.7 million records 
of CSRA and FERSA retirees.
    The data elements provided by DMDC to OPM are name, address, social 
security number, branch of service, date of birth, and date of 
retirement. The DMDC database contains approximately 2.0 million 
records of retired military personnel.
    F. Inclusive Dates of the Matching Program: This computer matching 
program is subject to public comment and review by Congress and the 
Office of Management and Budget. If the mandatory 30 day period for 
comment has expired and no comments are received and if no objections 
are raised by either Congress or the Office of Management and Budget 
within 40 days of being notified of the proposed match, the computer 
matching program becomes effective and the respective agencies may 
begin the exchange at a mutually agreeable time on a semi-annual basis. 
By agreement between VA and DMDC, the matching program will be in 
effect 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, 1941 Jefferson Davis Highway, Suite 920, 
Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 04-4893 Filed 3-9-04; 8:45 am]
BILLING CODE 5001-06-M