[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Pages 20722-20723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8273]



Privacy Act of 1974; New Computer Matching Program Between the 
Office of Personnel Management and the Office of Workers' Compensation 
Programs and Department of Labor

AGENCY: Office of Personnel Management (OPM).

ACTION: Notice-computer matching between the Office of Personnel 
Management and the Department of Labor, Office of Worker's Compensation 
Programs; correction.


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 (June 19, 1989), and OMB 
Circular No. A-130, ``Management of Federal Information Resources'' 
(revised November 28, 2000), the Office of Personnel Management (OPM) 
is publishing notice of its new computer matching program with the 
Department of Labor, Office of Workers' Compensation Programs (OWCP).
    The Office of Personnel Management inadvertently published a notice 
document in the Federal Register of April 11, 2008 (73 FR 19911) 
titled, ``Privacy Act of 1974; New Computer Matching Program Between 
the Office of Personnel Management and Social Security 
Administration.'' This document replaces that notice.

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.


A. General

    The Privacy Act, as amended (5 U.S.C. 552a), 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. The Privacy 
Act 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.

Notice of Computer Matching Program, Office of Personnel Management 
(OPM) With the Department of Labor, Office of Workers' Compensation 
Programs (OWCP)

A. Participating Agencies

    OPM and DOL/OWCP.

B. Purpose of the Matching Program

    The purpose of this agreement is to establish the conditions, 
safeguards and procedures under which the Department of Labor (DOL), 
Office of Workers' Compensation Programs (OWCP), will disclose Federal 
employee compensation benefit data to the Office of Personnel 
Management (OPM). The disclosure will provide OPM with information 
necessary to identify individuals receiving prohibited concurrent 
benefits under the Civil Service Retirement System (CSRS) (5 U.S.C. 
Chapter 83) or the Federal Employees' Retirement System (FERS) (5 
U.S.C. Chapter 84) and the Federal Employees' Compensation Act (FECA) 
(5 U.S.C. Chapter 81).

C. Authority for Conducting the Matching Program

    The authorities for conducting this matching program are sections 
8347(m) and 8461(h)(1) of title 5 of the United States Code.

D. Categories of Records and Individuals Covered by the Match

    The match will involve the OPM system of records published as OPM/
Central-1, Civil Service Retirement and Insurance Records at 64 FR 
54930 (Oct. 8, 1999), as amended at 65 FR 25775 (May, 2000) and the 
Department of Labor system of records published as DOL/GOVT-1, entitled 
``Office of Workers' Compensation Programs, Federal Employees' 
Compensation Act File'' at 67 FR 16817 (Apr. 8, 2002).

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,

[[Page 20723]]

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 
DOL/OWCP 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 DOL/OWCP 
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,
 [FR Doc. E8-8273 Filed 4-15-08; 8:45 am]