[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Notices]
[Pages 1372-1373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-38]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; New Computer Matching Program Between the 
Office of Personnel Management and Social Security Administration

AGENCY: Office of Personnel Management (OPM).

ACTION: Notice--computer matching between the Office of Personnel 
Management and the Social Security Administration.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended by the Computer Matching and Privacy Protection Act of 1988 
(Pub. L. 100-503), Office of Management and Budget (OMB) Guidelines on 
the Conduct of Matching Programs, 54 FR 25818 (June 19, 1989), and OMB 
Circular No. A-130, Management of Federal Information Resources 
(revised November 28, 2000), the Office of Personnel Management (OPM) 
is publishing notice of its new computer matching program with the 
Social Security Administration (SSA).

DATES: OPM will file a report of the subject matching program with the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on Oversight and Government Reform of the House of 
Representatives and the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB). The matching program will begin 
30 days after the Federal Register notice has been published or 40 days 
after the date of OPM's submissions of the letters to Congress and OMB, 
whichever is later. The matching program will continue for 18 months 
from the beginning date and may be extended an additional 12 months 
thereafter. Subsequent matches will run until one of the parties 
advises the other in writing of its intention to reevaluate, modify 
and/or terminate the agreement.

ADDRESSES: Send comments to Sean Hershey, Chief, Management Information 
Branch, Office of Personnel Management, Room 4316, 1900 E Street, NW., 
Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: James Sparrow on (202) 606-1803.

SUPPLEMENTARY INFORMATION:

A. General

    The Privacy Act, as amended (5 U.S.C. 552a), establishes the 
conditions under which computer matching involving the Federal 
Government could be performed and adding certain protections for 
individuals applying for and receiving Federal benefits. The Privacy 
Act regulates the use of computer matching by Federal agencies when 
records in a system of records are matched with other Federal, State, 
or local government records. Among other things, it requires Federal 
agencies involved in computer matching programs to:
    (1) Negotiate written agreements with the other agency for agencies 
participating in the matching programs;
    (2) Obtain the approval of the match agreement by the Data 
Integrity Boards (DIB) of the participating Federal agencies;
    (3) Furnish detailed reports about matching programs to Congress 
and OMB;
    (4) Notify applicants and beneficiaries that their records are 
subject to matching;
    (5) Verify match findings before reducing, suspending, termination 
or denying an individual's benefits or payments.

B. OPM Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of OPM's computer matching 
programs comply with the requirements of the Privacy Act, as amended.

Notice of Computer Matching Program, Office of Personnel Management 
(OPM) With the Social Security Administration (SSA)

A. Participating Agencies

    OPM and SSA.

B. Purpose of the Matching Program

    The purpose of this agreement is to establish the terms, conditions 
and safeguards for disclosure of Social Security benefit information to 
OPM via direct computer link for the administration of certain programs 
by OPM's Center for the Retirement and Insurance Services Program. OPM 
is legally required to offset specific benefits by a percentage of 
benefits (i.e., Disability Annuitants, Children Survivor Annuitants and 
Spousal Survivor Annuitants) payable under Title II of the Social 
Security Act. This matching activity will enable OPM to compute 
benefits at the correct rate and determine eligibility for these 
benefits.

C. Authority for Conducting the Matching Program

    Section 8461(h) of title 5 of the United States Code.

D. Categories of Records and Individuals Covered by the Match

    Under the matching program, OPM will match SSA's DIB and payment 
date against OPM's records of retirees receiving a FERS disability 
annuity. The purpose of the matching program is to identify person 
receiving both a FERS disability annuity and a DIB under section 223 of 
the Social Security Act, 42 U.S.C. 423, in order to apply OPM offsets. 
Under FERS, 5 U.S.C. 8452(a)(2)(A), for any month in which an annuitant 
is entitled to both a FERS disability annuity and to a DIB, the FERS 
annuity shall be computed as follows: the FERS disability annuity is 
reduced, for any month during the first year after the individual's 
FERS disability annuity commences or is restored by 100% of the 
individual's assumed Social Security DIB for such month, and, for any 
month occurring during a period other than the period described above, 
by 60% of the individual's assumed Social Security DIB for such month.
    OPM will provide SSA with an extract from the Annuity Master File 
and from pending claims snapshot records via the File Transfer 
Management System (FTMS). The extracted file will contain identifying 
information concerning the child survivor annuitant for whom OPM needs 
information concerning receipt of SSA child survivor benefits: full 
name, SSN, date of birth, and type of information requested, as 
required to extract data from the SSA State Verification and Exchange 
System files for Title II records. Each record on the OPM file will be 
matched to SSA's records to identify FERS child survivor annuitants who 
are receiving SSA CIBs. The Federal Register designation for the MBR is 
60-0090 (SSA/ORSIS). OPM's system of records involved in this matching 
program is designated OPM/Central-1, Civil Service Retirement and 
Insurance Records. For records from OPM/Central-1, notice was provided 
by the publication of the system of records in the Federal Register at 
64 FR 54930 (Oct. 8, 1999), as amended at 65 FR 25775 (May 3, 2000).
    OPM's records of surviving spouses who may be eligible to receive 
the FERS Supplementary Annuity will be

[[Page 1373]]

matched against SSA's mother's or father's insurance benefit and/or 
disabled widow(er)'s insurance benefit records. If the surviving spouse 
is receiving one of the above-described Social Security benefits, he or 
she is not eligible to receive the FERS Supplementary Annuity. FERS, 5 
U.S.C. 8442(f) provides that a survivor who is entitled to a survivor's 
annuity and who meets certain other statutory requirements shall also 
be entitled to a supplementary Annuity. To be eligible to receive a 
supplementary annuity for a given month, the surviving spouse of a 
deceased FERS annuitant must be eligible for a FERS survivor annuity, 
be under age 60, be an individual who would be entitled to widow's or 
widower's insurance benefits under the requirements of sections 202(e) 
and 402(f), based on the wages and self employment income of the 
deceased annuity (determined as of the date of the annuitant's death, 
as if the survivor had attained age 60 and otherwise satisfied 
necessary requirements for widow's or widower's insurance benefits. See 
5 U.S.C. 8442(f)(4)(B)). The individual must not be eligible for Social 
Security mother's or father's insurance benefits or disabled 
widow(er)'s insurance benefits based on the deceased annuitant's wages 
and self-employment income.

E. Privacy Safeguards and Security

    The Privacy Act (5 U.S.C. 552a(o)(1)(G)), requires that each 
matching agreement specify procedures for ensuring the administrative, 
technical and physical security of the records matched and the results 
of such programs. All Federal agencies are subject to: the Federal 
Information Security Management Act of 2002 (FISMA), 44 U.S.C. 3541 et 
seq.; related Office of Management and Budget (OMB) circulars and 
memoranda (e.g., OMB Circular A-130 and OMB M-06-16); National 
Institute of Science and Technology (NIST) directives; and the Federal 
Acquisition Regulations (FAR)). These laws, circulars, memoranda, 
directives and regulations include requirements for safeguarding 
Federal information systems and personally identifiable information 
used in Federal agency business processes, as well as related reporting 
requirements. OPM and SSA recognize that all laws, circulars, 
memoranda, directives and regulations relating to the subject of this 
agreement and published subsequent to the effective date of this 
agreement must also be implemented if mandated.
    FISMA requirements apply to all Federal contractors and 
organizations or sources that possess or use Federal information, or 
that operate, use, or have access to Federal information systems on 
behalf of an agency. OPM will be responsible for oversight and 
compliance of their contractors and agents. Both OPM and SSA reserve 
the right to conduct onsite inspection to monitor compliance with FISMA 
regulations.

F. Inclusive Dates of the Match

    The matching program shall become effective upon the signing of the 
agreement by both parties to the agreement and approval of the 
agreement by the Data Integrity Boards of the respective agencies, but 
no sooner than 40 days after notice of this matching program is sent to 
Congress and the Office of Management and Budget or 30 days after 
publication of this notice in the Federal Register, whichever is later. 
The matching program will continue for 18 months from the effective 
date and may be extended for an additional 12 months thereafter, if 
certain conditions are met.

U.S. Office of Personnel Management.
Linda M. Springer,
Director.
[FR Doc. E8-38 Filed 1-7-08; 8:45 am]
BILLING CODE 6325-38-P