Privacy Act of 1974; Computer Matching Program

Federal Register: June 4, 2010 (Volume 75, Number 107)

Notices

Page 31819-31820

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr04jn10-93

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:

1. 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.

2. 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)

1. Participating Agencies

   OPM and SSA

2. 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.

3. 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.

4. 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.

5. 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.

6. 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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