[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Notices]
[Pages 31819-31820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13495]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; Computer Matching Program

AGENCY: Office of Personnel Management.
AGENCY: 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 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 Marc Flaster, Chief, Resource Management, 
Retirement and Benefits, Office of Personnel Management, Room 4332, 
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 adds 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, terminating 
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 disclose 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 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 provide the 
basis for computing annuities under CSRS and FERS, respectively, and 
require release of information by SSA to OPM in order to administer 
data exchanges involving military service performed by an individual 
after December 31, 1956. The CSRS requirement is codified at section 
8332(j) of title 5 of the United States Code; the FERS requirement is 
codified at section 8422(e)(4) of title 5 of the United States Code. 
The responsibilities of SSA and OPM with respect to information 
obtained pursuant to this agreement are also in accordance with the 
following: the Privacy Act (5 U.S.C. 552a), as amended; section 307 of 
the Omnibus Budget Reconciliation Act of 1982 (Pub. L. 97-253), 
codified at section 8332 of title 5 of the United States Code; section 
1306(a) of title 42 of the United States Code; and section 6103(1)(11) 
of title 26 of the United States Code.

D. Categories of Records and Individuals Covered by the Match

    SSA will disclose data from its MBR file (60-0090, Master 
Beneficiary Record, SSA/OEEAS) and MEF file (60-0059, Earnings 
Recording and Self-Employment Income System, SSA/

[[Page 31820]]

OEEAS) and manually-extracted military wage information from SSA's 
``1086'' microfilm file when required (71 FR 1796, January 11, 2006). 
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. The system 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 OMB 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 process 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 the matching program is sent to 
Congress and OMB 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.
John Berry,
Director.
[FR Doc. 2010-13495 Filed 6-3-10; 8:45 am]
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