[Federal Register: March 10, 2004 (Volume 69, Number 47)]
[Notices]
[Page 11392-11393]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr04-47]
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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 agreement.
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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 the Office of Personnel
Management (OPM) and the 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 Civil Service Retirement Act (CSRA) and the Federal Employees
Retirement System Act (FERSA) pay systems.
DATES: This proposed action will become effective March 10, 2004 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, 1941 Jefferson Davis Highway, Suite
920, Arlington, VA 22202-4502.
[[Page 11393]]
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 the
DoD is available upon request. 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 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 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 was submitted on
February 24, 2004, 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: March 1, 2004.
L.M. Bynum,
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) of the 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 the 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 (FERSA), 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 FERSA 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.
The OPM will use the system of records identified as OPM/Central-1,
``Civil Service Retirement and Insurance Records,'' last published at
64 FR 54930, (October 8, 1999), as amended at 65 FR 25775, May 3, 2000.
The DoD will use the system of records identified as S322.10 DMDC,
Defense Manpower Data Center Data Base, published at 67 FR 78781,
December 26, 2002.
E. Description of Computer Matching Program: The OPM will provide
the DMDC with an electronic file which contains specified data elements
of individual CSRA and FERSA annuitants. Upon receipt of the electronic
file, the 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 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 the 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 OPM database contains approximately 1.7 million records
of CSRA and FERSA retirees.
The data elements provided by DMDC to OPM are name, address, social
security number, branch of service, date of birth, and date of
retirement. The DMDC database contains approximately 2.0 million
records of retired military personnel.
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 on a semi-annual basis.
By agreement between VA 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, 1941 Jefferson Davis Highway, Suite 920,
Arlington, VA 22202-4502. Telephone (703) 607-2943.
[FR Doc. 04-4893 Filed 3-9-04; 8:45 am]
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