[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19911-19912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7752]


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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.

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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 published June 19, 1989), 
and OMB Circular No. A-130, revised November 28, 2000, ``Management of 
Federal Information Resources,'' 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 (5 U.S.C. 552a), as amended, 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. Section 7201 
of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) 
further amended the Privacy Act regarding protections for such 
individuals.
    The Privacy Act, as amended, 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 conditions under 
which SSA agrees to the disclosure of tax return information to OPM. 
The SSA records will be used in a matching program in which OPM will 
match SSA's tax return records with OPM's records on disability 
retirees under age 60, disabled adult child survivors, certain retirees 
in receipt of a

[[Page 19912]]

supplemental benefit under the Federal Employees Retirement System 
(FERS), and certain annuitants receiving a discontinued service 
retirement benefit under the Civil Service Retirement System (CSRS). By 
law, these annuitants and survivors are limited in the amount they can 
earn and still retain benefits paid to them. In the case of the 
discontinued service annuitants, retirement benefits cease upon re-
employment in Federal service. OPM will use the SSA data to determine 
continued eligibility for benefits being paid.

C. Authority for Conducting the Matching Program

    Chapters 83 and 84 of title 5 of the United States Code and 26 
U.S.C. 6103 (l)(11).

D. Categories of Records and Individuals Covered by the Match

    SSA will disclose the necessary tax return information from the 
Earnings Recording and Self-Employment Income System, SSA / OEEAS (60-
0059). OPM will provide SSA with an electronic finder file from the OPM 
system of records published as OPM/Central-1 (Civil Service Retirement 
and Insurance Records) on October 8, 1999 (64 FR 54930), as amended on 
May 3, 2000 (65 FR 25775). The systems of records involved have routine 
uses permitting the disclosures needed to conduct this match.

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 circulars and memorandum 
(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. E8-7752 Filed 4-10-08; 8:45 am]
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