[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39654-39655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18896]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2009-OS-0124]


Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, DoD.

ACTION: Notice of a computer matching program.

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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; however, this notification will be completed by the 
DoD, the source agency. The DoD, as the source 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 
Defense Manpower Data Center (DMDC) that their records are being 
matched by computer. The purpose of this agreement is for disclosure of 
Federal Employees Health Benefits (FEHB) Program and Federal employment 
information to DMDC. This disclosure by OPM will provide the DoD with 
the FEHB eligibility and Federal employment information necessary to 
determine continuing eligibility for the TRICARE Reserve Select (TRS) 
program.

DATES: This proposed action will become effective September 8, 2009 and 
matching may commence unless changes to the matching program are 
required due to public comments or by Congressional or Office of 
Management and Budget objections. Any public comment must be received 
before the effective date.

ADDRESSES: Any interested party may submit written comments to the 
Director, Defense Privacy Office, 1901 South Bell Street, Suite 920, 
Arlington, VA 22202-4512.

FOR FURTHER INFORMATION CONTACT: Mr. Samuel P. Jenkins at telephone 
(703) 607-2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C. 552a), the DMDC and OPM have 
concluded an agreement to conduct a computer matching program between 
the agencies. The purpose of this agreement is to verify an 
individual's continuing eligibility for the TRICARE Reserve Select 
(TRS) program.
    The parties to this agreement have determined that a computer 
matching program is the most efficient, expeditious, and effective 
means of obtaining the information needed by the OPM to identify 
individual's ineligible to continue the TRICARE Reserve Select Program. 
If this identification is not accomplished by computer matching, but is 
done manually, the cost would be prohibitive and it is possible that 
not all individuals would be identified.
    A copy of the computer matching agreement between OPM and DMDC is 
available upon request to the public. Requests should be submitted to 
the address caption above or to the Office of Personnel Management, 
1900 E Street, NW., Room 5415, 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 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 
28, 2009, 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 (61 FR 6435).

    Dated: July 28, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.

Notice of a Computer Matching Agreement Between the Office of Personnel 
Management and the Defense Manpower Data Center, Department of Defense 
for Disclosure of Federal Employees Health Benefits (FEHB) Program 
Eligibility in Determining Eligibility for TRICARE Reserve Select

    A. Participating Agencies: Participants in this computer matching 
program are the Office of Personnel and Management (OPM) and the 
Defense Manpower Data Center (DMDC) of the Department of Defense (DoD). 
The DMDC is the source agency, i.e., the activity disclosing the 
records for the purpose of the match. The OPM 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, safeguards and procedures under which the 
Office of Personnel Management (OPM) will disclose FEHB eligibility and 
Federal employment information to the Defense Manpower Data Center 
(DMDC), Defense Enrollment and Eligibility Reporting System Office 
(DEERS), and the Office of the Assistant Secretary of Defense (Reserve 
Affairs). This disclosure by OPM will provide the DoD with the FEHB 
eligibility and Federal employment information necessary to determine 
continuing eligibility for the TRICARE Reserve Select (TRS) program.
    C. Authority for Conducting the Match: This CMA is executed to 
comply with the Privacy Act of 1974 (Title 5 United States Code 
(U.S.C.) 552a), as amended, (as amended by Public Law (Pub. L.) 100-
503, the Computer Matching and Privacy Protection Act (CMPPA) of 1988), 
the Office of Management and Budget (OMB) Circular A-130, titled 
``Management of Federal Information Resources'' at 61 Federal Register 
(FR) 6435 (February 20, 1996), and OMB guidelines pertaining to 
computer matching at 54 FR 25818 (June 19, 1989).
    The John Warner National Defense Authorization Act of 2007 (NDAA of 
2007) established the enhanced TRICARE Reserve Select program as of 
Oct. 1, 2007. Selected Reserve members, who are eligible for FEHB under 
chapter 89 of title 5, U.S.C. are ineligible for TRICARE Reserve 
Select. This agreement implements the additional

[[Page 39655]]

validation processes needed by DoD to insure Selected Reserve members 
eligible for FEHB are not enrolled in TRS.
    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:
    OPM will use the system of records identified as OPM/GOVT-1 
entitled ``General Personnel Records,'' at 71 FR 35342 (June 19, 2006).
    DoD will use the SOR identified as DMDC 02 DoD, entitled ``Defense 
Enrollment Eligibility Reporting System (DEERS), (April 22, 2009, 74 FR 
18356).'' SSNs of DoD TRS Sponsors will be released to OPM pursuant to 
the routine use ``22'' set forth in the system notice, which provides 
that data may be released to OPM ``for support of the DEERS enrollment 
process and to identify individuals not entitled to health care under 
TRS.''
    E. Description of Computer Matching Program: Under the terms of 
this matching agreement, DMDC will provide to OPM a file of social 
security numbers (SSN) DOB, and Name for Selected Reserve members who 
are enrolled in TRS. DMDC will update their database with FEHBP 
eligibility information from the OPM response file. DMDC will be 
responsible for providing the verified information to the Reserve 
components for processing of TRS eligibility.
    OPM agrees to conduct a semi-annual computer match of the SSNs of 
Selected Reservists enrolled in TRS provided by DMDC against the 
information found in OPM's personnel system of record. OPM will 
validate the identification of the Selected Reserve record that matches 
against the name, SSN and date of birth provided by DMDC. OPM will 
provide an FEHB Plan Code, a multiple record indicator and a DOB match 
indicator. OPM will forward a response file to DMDC within 30 business 
days following the receipt of the initial finder file and for any 
subsequent files submitted.
    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 and thereafter on a 
quarterly basis. By agreement between OPM 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, 1901 South Bell Street, Suite 920, Arlington, 
VA 22202-4512. Telephone (703) 607-2943.

[FR Doc. E9-18896 Filed 8-6-09; 8:45 am]
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