[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Notices]
[Pages 41027-41028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19990]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program Between the Office 
of Personnel Management and the Department of Defense

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, 
Department of Defense
ACTION: Notice of a computer matching program between the Office of 
Personnel Management (OPM) and the Department of Defense (DoD) for 
public comment.

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SUMMARY: The DoD, as the matching agency under the Privacy Act of 1974, 
as amended, (5 U.S.C. 552a), is hereby giving constructive notice in 
lieu of direct notice to the record subjects of a computer matching 
program between OPM and DoD that their records are being matched by 
computer. The record subjects are civil service annuitants who are 
reemployed in the Federal government. By comparing the data received 
through this computer matching program on a recurring basis, OPM and 
DoD will be able to make timely and accurate adjustments in salary and 
benefits. This program will prevent or correct overpayment, fraud and 
abuse, thus insuring proper benefit payments.
DATES: This proposed action will become effective September 2, 1997, 
and the computer matching will proceed accordingly without further 
notice, unless comments are received which would result in a contrary 
determination or if the Office of Management and Budget or Congress 
objects thereto. Any public comment must be received before the 
effective date.
ADDRESSES: Any interested party may submit written comments to the 
Director, Defense Privacy Office, Crystal Mall 4, Room 920, 1941 
Jefferson Davis Highway, Arlington, VA 22202-4502. Telephone (703) 607-
2943.

FOR FURTHER INFORMATION CONTACT: Mr. Aurelio Nepa, Jr., at (703) 607-
2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C, 552a), DoD and OPM have concluded an 
agreement to conduct a computer matching program between the agencies. 
The purpose of the match is to identify civil service annuitants 
(including disability annuitants under age 60) who are reemployed by 
DoD. This match will insure that (1) annuities of DoD reemployed 
annuitants are terminated where applicable, and (2) salaries are

[[Page 41028]]

correctly offset where applicable. A cost benefit analysis, based on 
data collected from prior matches, shows that OPM will save 
approximately $222,500 over a 12-month period by performing this match.
    DoD does not expect to realize any monetary savings from this 
matching program, but does benefit by having a mechanism to assist in 
correcting its civilian personnel data bases. Computer matching 
appeared to be the most efficient and effective manner to accomplish 
this task with the least amount of intrusion of personal privacy of the 
individuals concerned. It was therefore concluded and agreed upon that 
computer matching would be the best and least obtrusive manner and 
choice for accomplishing this requirement.
    A copy of the computer matching agreement between OPM and DoD is 
available upon request to the public. Requests should be submitted to 
the address above or to the Chief, Quality Assurance Division, 
Retirement and Insurance Group, Office of Personnel Management, 
Washington, DC 20415.
    Set forth below is a 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 
10, 1997, to the Committee on Government Reform and Oversight of the 
House of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Administrator of the Office of Information and 
Regulatory Affairs, Office of Management and Budget, pursuant to 
paragraph 4b of Appendix I to OMB Circular No. A-130, 'Federal Agency 
Responsibilities for Maintaining Records about Individuals,' dated 
February 8, 1996 (61 FR 6435, February 20, 1996). The matching program 
is subject to review by OMB and Congress and shall not become effective 
until that review period has elapsed.
    Dated: July 23, 1997.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer Department of Defense.

COMPUTER MATCHING PROGRAM BETWEEN THE OFFICE OF PERSONNEL 
MANAGEMENT AND THE DEPARTMENT OF DEFENSE ON REEMPLOYED ANNUITANTS

    A.  Participating Agencies: Participants in this computer matching 
program are the Quality Assurance Division, Retirement and Insurance 
Group, Office of Personnel Management (OPM), Washington, DC 20415 and 
the Defense Manpower Data Center (DMDC) of the Department of Defense 
(DoD). The OPM is the source agency, i.e., the agency disclosing the 
records for the purpose of the match. The DMDC is the specific 
recipient agency or matching agency, i.e., the agency that actually 
performs the computer matching.
    B.  Purpose of the Match: The purpose of the computer matching 
program is to identify civil service annuitants (including disability 
annuitants under age 60) who are reemployed by DoD. This match will 
help insure that (1) annuities of DoD reemployed annuitants are 
terminated where applicable and, (2) salaries are correctly offset 
where applicable.
    C.  Authority of the Match: Both OPM and DoD have responsibilities 
to monitor and adjust retirement benefits under Title 5 U.S.C. Section 
8331 (CSRA), (especially 5 U.S.C. 8344) and Title 5 U.S.C. Section 8401 
(FERSA) et seq. (especially 5 U.S.C. 8468).
    D.  Records to be matched: The match will involve the OPM system of 
records published as OPM Central-1, Civil Service Retirement and 
Insurance Records, 60 FR 63081, December 8, 1995 and the DoD system of 
records last published as Defense Manpower Data Center Data Base, 
S322.10 DMDC, 61 FR 6355, February 20, 1996.
    Appropriate routine uses have been published by both agencies to 
permit disclosures needed to conduct this match. They are respectively 
identified and accentuated in the attached record system notices of the 
parties.
    E.  Description of Computer Matching Program: DMDC will match OPM 
data with DoD employee data for the same dates to make an initial 
determination. DMDC will share the matched information with appropriate 
DoD offices. DoD will screen the initial data appropriate to rule out 
matched individuals who are not valid matches according to information 
available to them at the time. DoD will take appropriate adjustment 
action for each matched individual including notification to OPM of 
individuals suspected of receiving retirement benefits to which they 
are not entitled.
    Each individual identified as receiving prohibited retirement 
benefits will be notified of the match findings and will be afforded 
due process by OPM and given the opportunity to contest the findings 
and any actions that may ensue as a result of the match. Each 
individual identified as having improper salary will be notified by DoD 
and will be given an opportunity to contest the findings.
    DMDC will provide OPM with an annual report summarizing the results 
of the matches.
    The OPM file will contain the information on approximately 1.5 
million CSRA and FERSA retirees. The DoD file contains approximately 
800 thousand DoD civilian employee records.
    The tape extract provided by OPM will contain the names, addresses, 
social security numbers, payment and service data of individuals 
receiving benefits from OPM.
    F.  Inclusive Dates of the Matching Prgram: This computer matching 
program is subject to review by the Office of Management and Budget and 
Congress. If no objections are raised by either, and the mandatory 30 
day public notice period for comment has expired for this Federal 
Register notice with no significant adverse public comments in receipt 
resulting in a contrary determination, then this computer matching 
program becomes effective and the respective agencies may begin the 
exchange of data 30 days after the date of this published notice at a 
mutually agreeable time and will be repeated on a quarterly basis. 
Under no circumstances shall the matching program be implemented before 
the 30 day public notice period for comment has elapsed as this time 
period cannot be waived. By agreement between OPM and DoD, the matching 
program will be in effect and continue 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, Crystal Mall 4, Room 920, 1941 Jefferson Davis 
Highway, Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 97-19990 Filed 7-30-97; 8:45 am]
BILLING CODE 5000-04-F