[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Notices]
[Page 19911-19912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap08-114]
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OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; New Computer Matching Program Between the
Office of Personnel Management and Social Security Administration
AGENCY: Office of Personnel Management (OPM).
ACTION: Notice--computer matching between the Office of Personnel
Management and the Social Security Administration.
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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 Sean Hershey, Chief, Management Information
Branch, Office of Personnel Management, Room 4316, 1900 E. Street, NW.,
Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: James Sparrow on (202) 606-1803.
SUPPLEMENTARY INFORMATION:
A. 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 adding 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, termination
or denying an individual's benefits or payments.
B. 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)
A. Participating Agencies
OPM and SSA.
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions under
which SSA agrees to the disclosure of 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
[[Page 19912]]
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.
C. Authority for Conducting the Matching Program
Chapters 83 and 84 of title 5 of the United States Code and 26
U.S.C. 6103 (l)(11).
D. Categories of Records and Individuals Covered by the Match
SSA will disclose the necessary tax return information from the
Earnings Recording and Self-Employment Income System, SSA / OEEAS (60-
0059). 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) on October 8, 1999 (64 FR 54930), as amended on
May 3, 2000 (65 FR 25775). The systems of records involved have routine
uses permitting the disclosures needed to conduct this match.
E. 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 Office of Management and Budget 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 possess 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.
F. 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 this matching program is sent to
Congress and the Office of Management and Budget 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.
Linda M. Springer,
Director.
[FR Doc. E8-7752 Filed 4-10-08; 8:45 am]
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