[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50460-50461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20677]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2011-OS-0090]


Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, Department of Defense (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 recipient agency. The DoD, as the recipient 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), the source agency 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) and TRICARE Retired Reserve (TRR) 
programs.

DATES: This proposed action will become effective September 14, 2011 
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: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Samuel P. Jenkins, Director for 
Privacy, Defense Privacy and Civil Liberties Office, 1901 S. Bell 
Street, Suite 920, Arlington, VA 22202-4512, or by phone at (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) and TRICARE Retired Reserve (TRR) Programs.
    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 and 
TRICARE Retired Reserve (TRR) Programs. 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 August 
9, 2011, 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: August 9, 2011.
Aaron Siegel,
Alternate 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 (TRS) and TRICARE Retired Reserve Programs (TRR).
    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 
DMDC is the recipient agency and the OPM is the source agency.
    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) and TRICARE 
Retired Reserve (TRR) programs.
    C. Authority for Conducting the Match: This CMA is executed to 
comply with the Privacy Act of 1974 (section 552a of title 5 United 
States Code (U.S.C.), 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

[[Page 50461]]

``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. Section 706 of Public Law 109-
364, the John Warner National Defense Authorization Act of 2007, 
amended section 1076d of title 10 U.S.C. to established the enhanced 
TRS benefit program as of October 1, 2007. Section 705 of Public Law 
111-84, National Defense Authorization Act for Fiscal Year 2010, 
amended section 1076e of title 10 U.S.C. to establish the TRR benefit 
program as of October 29, 2009. Reserve Component (RC) Service members 
who are eligible for the FEHB program pursuant to chapter 89 of title 5 
U.S.C. are not eligible to enroll in the TRS or TRR program. This 
agreement implements the additional validation processes needed by DoD 
to insure RC Service members eligible for the FEHB program may not 
enroll, or continue a current enrollment, in TRS or TRR.
    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 validation processes 
needed by DoD to insure Selected Reserve members eligible for FEHB are 
not enrolled in TRS. The National Defense Authorization Act for Fiscal 
Year 2010, Section 705 of Public Law 111-84, amended section 1076e of 
title 10 U.S.C. to establish the TRR health plan as of October 29, 
2009.
    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 76 FR 32997 (July 7, 2011).
    DoD will use the SOR identified as DMDC 02 DoD, entitled ``Defense 
Enrollment Eligibility Reporting System (DEERS), (August 9, 2009, 74 FR 
39657).'' SSNs of DoD TRS and TRR 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 and TRR.''
    E. Description of Computer Matching Program: Under the terms of 
this matching agreement, DMDC will provide to OPM a file of records 
consisting of social security number (SSN), date of birth (DOB), and 
name for Service members of the Ready Reserve, Standby Reserve, and 
Retired Reserve of the Armed Forces of the United States. DMDC will 
update their database with FEHB program eligibility information from 
the OPM response file. OASD (RA) will be responsible for providing the 
verified information to the RCs to aid in processing of TRS and TRR 
eligibility determination.
    OPM agrees to conduct two computer matches within a calendar year 
of the records of RC Service members provided by DMDC against the 
information found in OPM's EHRI for permanent employees in a current 
pay status. OPM will validate the identification of the RC records that 
matches against the Name, SSN and DOB provided by DMDC. OPM will 
provide a civilian agency indicator, the full FEHB Program 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. 2011-20677 Filed 8-12-11; 8:45 am]
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