[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Notices]
[Pages 1319-1321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-418]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency


Privacy Act of 1974; Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, 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. The Department of Defense (DoD), as the matching 
agency under the Privacy Act, is hereby giving notice to the record 
subjects of a computer matching program between Office of Personnel 
Management (OPM) and DoD that records are being matched by computer. 
The goal of the match is to identify individuals who are improperly 
receiving credit for military service in their civil service annuities 
or annuities based on the ``guaranteed minimum'' disability formula. 
This match will identify and/or prevent erroneous payments under the 
CSRA and FERSA Pay system.

DATES: This proposed action will become effective February 7, 2001 and

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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, 1941 Jefferson Davis Highway, Suite 
920, Arlington, VA 22202-4502.

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

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended, (5 U.S.C. 552a), the DoD and OPM have 
concluded an agreement to conduct a computer matching program between 
the agencies. The purpose of the match is to exchange personal data 
between the agencies for identification of individuals who are 
improperly receiving military retired pay.
    A copy of the computer matching agreement between the OPM and DoD 
is available upon request to the public. Requests should be submitted 
to the address caption above or to the Chief, Retirement Inspection 
Branch, Room 2309, Retirement and Insurance Service, Office of 
Personnel Management, 1900 E Street, NW, Washington, DC 20415.
    Set forth below is a public notice of the establishment of the 
computer matching program required by paragraph 6.c. of the Office of 
Management and Budget Guidelines on computer matching published on June 
19, 1989, at 54 FR 25818.
    The matching agreement, as required by 5 U.S.C. 552a(r) of the 
Privacy Act, and an advance copy of this notice were submitted on 
December 20, 2000, 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 (February 20, 1996, 61 FR 6427).

    Dated: December 22, 2000.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

    Notice of a Computer Matching Program between the Office of 
Personnel Management, and the Department of Defense for Retired 
Military Pay.
    A. Participating agencies: Participants in this computer matching 
program are the Office of Personnel Management (OPM) and the Defense 
Manpower Data Center (DMDC), Department of Defense (DoD). The Office of 
Personnel Management is the source agency, i.e., the activity 
disclosing the records for the purpose of the match. The DMDC 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 for a computer matching program between the 
OPM as the source agency and DMDC as the recipient agency. The goal of 
the match is to identify individuals who are improperly receiving 
credit for military service in their civil service annuities or 
annuities based on the ``guaranteed minimum'' disability formula. This 
match will identify and/or prevent erroneous payments under the CSRA 
and FERSA Pay system.
    C. Authority for conducting the match: It is OPM's responsibility 
to monitor retirement and survivor benefits paid under 5 U.S.C. 8331 
(CSRA), et seq. and 5 U.S.C. 8401 (FESRA), et seq. Specifically, 5 
U.S.C. 8332 is the legal authority for CSRA and 5 U.S.C. 8411 is the 
legal authority for FESRA for determining whether military service may 
be credited for civil service retirement purposes.
    D. Records to be matched: The systems of records described below 
contain an appropriate routine use provisions which permits disclosure 
of information between agencies.
    OPM will use the system of records identified as OPM/Central-1, 
`Civil Service Retirement and Insurance Records,' published at 60 FR 
63081, December 8, 1995, as amended at 63 FR 45881, August 27, 1998 and 
at 65 FR 25775, May 3, 2000.
    DoD will use the system of records identified as S322.10 DMDC, 
`Defense Manpower Data Center Data Base,' published at 65 FR 43302, 
July 13, 2000.
    E. Description of computer matching program: The OPM will provided 
DMDC with an electronic file which contains specified data elements of 
individual CSRA and FESRA annuitants. Upon receipt of the electronic 
file, DMDC will perform a computer match using all nine digits of the 
SSN's in the OPM file against the DMDC computer database on military 
retired pay data.
    The data will be matched to identify those individuals who are 
being paid in apparent violation of law, i.e., the civil service 
annuity is based on military service other than that which was awarded 
(1) on account of a service connected disability incurred in combat 
with an enemy of the United States; (2) on account of a service 
connected disability caused by an instrumentality of war and incurred 
in the line of duty during a period of war; or (3) based on non-regular 
(i.e., reserve) service under the provisions of 10 U.S.C. 12731-12739.
    The data elements provided by OPM for the match file will contain 
the names, addresses, social security number, date of birth, OPM 
retirement claim number, OPM provision retired codes, and annuity 
payment and service data of individuals currently receiving benefits 
from OPM.
    The DMDC database contains approximately 1.9 million records of 
military retired personnel.
    F. Individual notice and opportunity to contest: Due process 
procedures will be provided by OPM to those individuals matched (hits) 
consisting of OPM'S verification of debt; a minimum of 30-day written 
notice to the debtor explaining the debtor's rights; opportunity for 
the debtor to examine and copy OPM documentation relating to the debt; 
provision for debtor to seek the OPM review of the debt (or in the case 
of the salary offset provision, opportunity for a hearing before an 
individual who is not under the supervision or control of the agency); 
and opportunity for the individual to enter into a written agreement 
satisfactory to the OPM for repayment. Only when all of the steps have 
been taken will OPM disclose information, pursuant to a routine use, to 
effect an administrative or salary offset. Unless the individual 
notifies OPM within 30 days from the date of the notice, OPM will infer 
that the data provided the individual is accurate and correct and will 
take the next step, as authorized by law, to recoup the delinquent 
debt.
    G. Inclusive dates of the matching program: This computer matching 
program is subject to review by the Office of Management and Budget and 
Congress. If the mandatory 30 day period for public comment has expired 
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 of data at a mutually 
agreeable time and will be repeated on an bi-annual basis. By agreement 
between OPM and DoD, the matching program will be in effect and

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continue for 18 months with an option to extend for 12 additional 
months unless one of the parties to the agreement advises the other by 
written request to terminate or modify the agreement.
    H. Address for receipt of public comments or inquiries: Director, 
Defense Privacy Office, 1941 Jefferson Davis Highway, Suite 920 
Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 01-418 Filed 1-5-01; 8:45 am]
BILLING CODE 5001-10-P