Privacy Act of 1974, As Amended: Proposed New Routine Use, 40542-40544 [2013-16099]

Download as PDF 40542 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices Notice of a renewal of an existing computer matching program that will expire on September 10, 2013. ACTION: In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program that we are currently conducting internally. DATES: We 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 be effective as indicated below. ADDRESSES: Interested parties may comment on this notice by either telefaxing to (410) 966–0869 or writing to the Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, Social Security Administration, 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235–6401. All comments received will be available for public inspection at this address. FOR FURTHER INFORMATION CONTACT: The Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, as shown above. SUPPLEMENTARY INFORMATION: SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES A. General The Computer Matching and Privacy Protection Act of 1988 (Public Law (Pub. L.) 100–503), amended the Privacy Act (5 U.S.C. 552a) by describing the conditions under which computer matching involving the Federal government could be performed and adding certain protections for persons 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 persons. 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. It requires Federal agencies involved in computer matching programs to: (1) Negotiate written agreements with the other agency or agencies participating in the matching programs; (2) Obtain approval of the matching agreement by the Data Integrity Boards of the participating Federal agencies; VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 (3) Publish notice of the computer matching program in the Federal Register; (4) Furnish detailed reports about matching programs to Congress and OMB; (5) Notify applicants and beneficiaries that their records are subject to matching; and (6) Verify match findings before reducing, suspending, terminating, or denying a person’s benefits or payments. B. SSA Computer Matches Subject to the Privacy Act We have taken action to ensure that all of our computer matching programs comply with the requirements of the Privacy Act, as amended. Kirsten J. Moncada, Executive Director, Office of Privacy and Disclosure, Office of the General Counsel. Notice of Computer Matching Program, SSA A. Participating Agency SSA B. Purpose of the Matching Program This computer matching agreement establishes the terms, conditions, and safeguards under which we will compare the Federal Personnel/Payroll System records of current Social Security employees with the records of Disability Income (DI) and Supplemental Security Income (SSI) beneficiaries and recipients through a periodic computerized comparison of records. We will use this information to verify the employees’ self-certification statements of income in order to ensure against DI and SSI overpayments. C. Authority for Conducting the Matching Program The legal authority for this agreement is as follows: 1. Section 1631(f) of the Social Security Act (Act) (42 U.S.C. 1383(f)) provides that ‘‘[t]he head of any Federal agency shall provide such information as the Commissioner of Social Security needs for the purposes of determining eligibility for or amount of benefits, or verifying information with respect thereto.’’ 2. Section 1631(e)(1)(B)(i) of the Act (42 U.S.C. 1383(e)(1)(B)(i)) provides that SSA is required to verify eligibility of a recipient or applicant for SSI using independent or collateral sources. 3. Section 224(h)(1) of the Act (42 U.S.C. 424a(h)) provides that Federal agencies are required to provide information to SSA that it requires to determine the amount of DI benefits and PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 to verify information with respect thereto. 4. This agreement is subject to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, and the provisions of the Computer Matching and Privacy Protection Act (CMPPA) of 1988. The comparison of records that is the subject of this agreement constitutes a matching program within the meaning of the Privacy Act, 5 U.S.C. 552a(a)(8)(A). D. Categories of Records and Persons Covered by the Matching Program The data elements included in the match file are: 1. Social Security number (SSN/ BIC)—T2; 2. SSN/ID—T16; 3. Current and Separated Employees; 4. Name; 5. Date of birth; 6. Initial date of SSA employment; 7. SSA Employment Component; 8. Work schedule (i.e., Full/Part time; Conditional/Permanent; currently working/separated, etc.); 9. Year to Date Earnings; 10. Hourly rate; 11. Weekly Work Hours; 12. Employee Status (Active, LWOP, Military, Terminate, Separate, etc.); 13. Award Amount; 14. Organization (Office Location— name); 15. Duty Station (Office Location— City, State or County); 16. Servicing Personnel Office (SPO); 17. Pay Period Date (YYYYPP); 18. Last Pay Period (YYYYPP); and 19. Lump Sum Leave Payment. E. Inclusive Dates of the Matching Program The effective date of this matching program is September 11, 2013 provided that the following notice periods have lapsed: 30 days after publication of this notice in the Federal Register and 40 days after notice of the matching program is sent to Congress and OMB. The matching program will continue for 18 months from the effective date and, if both agencies meet certain conditions, it may extend for an additional 12 months thereafter. [FR Doc. 2013–16100 Filed 7–3–13; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2013–0032] Privacy Act of 1974, As Amended: Proposed New Routine Use Social Security Administration. New Proposed Routine Use Applicable to Four Systems of Records. AGENCY: ACTION: E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices In accordance with the Privacy Act of 1974 (5 U.S.C. 552a(e)(4) and (e)(11)) and our disclosure regulations (20 CFR Part 401), we are issuing public notice of our intent to publish a new routine use applicable to our systems of records entitled: • Master Files of Social Security Number (SSN) Holders and SSN Applications, (60–0058) (the Enumeration System) • Earnings Recording and SelfEmployment Income System, (60–0059) • Master Beneficiary Record (MBR), (60–0090) • Prisoner Update Processing System (PUPS), (60–0269) The Patient Protection and Affordable Care Act of 2010 (Pub. L. 111–148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111–152) (collectively, the ACA) requires the use of a single, streamlined application to determine eligibility for an Insurance Affordability Program (IAP), which includes: • a Qualified Health Plan (QHP) through an Exchange, • Advance Payments of the Premium Tax Credit (APTC), • Cost-Sharing Reductions (CSR), • Medicaid, • the Children’s Health Insurance Program (CHIP), and • the Basic Health Program (BHP). As a part of the eligibility determination process, individuals may apply for an exemption from the individual responsibility requirement to maintain coverage (certification of exemption). The new routine use will enable SSA to disclose information to the Department of Health and Human Services (DHHS)/Centers for Medicare & Medicaid Services (CMS) to confirm the accuracy of attestations made by an individual to determine eligibility and entitlement to an IAP and identify individuals who qualify for certifications of exemption under the ACA. We discuss the routine use in detail in the Supplementary Information section below. We invite public comment on this proposal. DATES: We filed a report of the routine use with the Chairman of the Senate Committee on Homeland Security and Governmental Affairs, the Chairman of the House Committee on Oversight and Government Reform, and the Director, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The routine use will become effective on August 31, 2013 unless we receive comments before that date that would result in a contrary determination. ADDRESSES: Interested persons may comment on this publication by writing tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 to the Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, Social Security Administration, Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401. All comments we receive will be available for public inspection at the above address. FOR FURTHER INFORMATION CONTACT: Keisha Mahoney, Government Information Specialist, The Electronic Interchange and Liaison Division, Office of Privacy and Disclosure, Office of the General Counsel, Social Security Administration, Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, telephone: (410) 966–9048, Email: Keisha.Mahoney@ssa.gov. SUPPLEMENTARY INFORMATION: I. Background and Purpose of the Proposed New Routine Use Section 1411(c) of the ACA requires the Secretary of DHHS/CMS to establish a program meeting the requirements of the ACA to determine eligibility for and enrollment in an IAP, including: • a QHP through the Exchange, • APTC, • CSRs, • Medicaid, • the CHIP, and • the BHP. As a part of the eligibility determination process, individuals may apply for certifications of exemption under the ACA. Specifically, individuals must furnish their name, date of birth, Social Security number (SSN), and attestation of citizenship status to the Secretary of DHHS/CMS. The Secretary of DHHS/CMS will submit the information to the Commissioner of SSA for a determination as to whether the information submitted is consistent with the records of SSA. The ACA also permits the Secretary of DHHS/CMS to request additional information that is relevant to determining entitlement and eligibility to programs. To accommodate such requests, SSA will disclose (1) Disability indicator, (2) death indicator, (3) prisoner data, (4) quarters of coverage, and (5) monthly and annual Social Security benefit information under title II of the Social Security Act (Act). Section 1411(c)(4) of the ACA requires DHHS/CMS and SSA to use an on-line system or a system otherwise involving electronic exchange to support such transactions. To support this need, we are establishing a new routine use to allow for such disclosures by SSA to DHHS/CMS. DHHS/CMS will use the data for the purpose of the PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 40543 administration of IAPs and for certifications of exemption under the ACA. II. Proposed New Routine Use The Privacy Act requires that agencies publish a notice in the Federal Register of ‘‘each routine use of the records contained in the system, including the categories of users and the purpose of such use.’’ 5 U.S.C. 552a(e)(4)(D). We developed the following new routine use that will allow us to disclose information to DHHS/CMS: To the Department of Health and Human Services (DHHS)/Centers for Medicare and Medicaid Services (CMS) for the purpose of the administration of Insurance Affordability Programs (IAP) and to identify individuals who qualify for an exemption from the individual responsibility requirement in accordance with the Patient Protection and Affordable Care Act of 2010 (Pub. L. 111–148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111–152). IAPs include a Qualified Health Plan through the Exchange, Advance Payments of the Premium Tax Credit, Cost Sharing Reductions, Medicaid, the Children’s Health Insurance Program, and the Basic Health Program. The new routine use will be included in the following systems of records: • 60–0058, Master Files of SSN Holders and SSN Applications, last published on December 29, 2010 at 74 FR 62866, as new routine use 45; • 60–0059, Earnings Recording and Self-Employment Income System, last published on January 11, 2006 at 71 FR 1819, as new routine use 34; • 60–0090, Master Beneficiary Record, last published on January 11, 2006 at 71 FR 1826, as new routine use 39; and • 60–0269, Prisoner Update Processing System (PUPS), last published on March 8, 1999 at 64 FR 11076, as new routine use 13. SSA will rely on this routine use to disclose only those data elements from SSA’s system of records that DHHS/ CMS has demonstrated are necessary for the administration of IAPs and certifications of exemption in accordance with the ACA. III. Compatibility of Routine Use In accordance with the Privacy Act (5 U.S.C. 552(a) and (b)(3)), and our disclosure regulations (20 CFR Part 401), we are proposing to establish a new routine use to support the ACA. We can disclose information when the disclosure is required by law (20 CFR 401.120). E:\FR\FM\05JYN1.SGM 05JYN1 tkelley on DSK3SPTVN1PROD with NOTICES 40544 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices • Section 1411(c) of the ACA requires SSA to determine whether the name, date of birth, SSN and attestation of citizenship of individuals applying for IAPs under the ACA are consistent with information in SSA’s records. • Section 205(r)(3) of the Social Security Act (Act) permits SSA to disclose, on a reimbursable basis, death information to a Federal or State agency that administers a Federally-funded benefit other than pursuant to the Act to ensure proper payment of such benefit. Section 7213 of the Intelligence Reform and Terrorism Prevention Act of 2004 provides SSA authority to add a death indicator to verification routines that the agency deems appropriate. • Sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii) of the Act permit SSA to disclose, on a reimbursable basis, prisoner information to an agency administering a Federal or Federallyfunded cash, food, or medical assistance program for eligibility and other administrative purposes under such program. We can also disclose information when the purpose is compatible with the purpose for which we collected the information and is supported by a published routine use (20 CFR 401.150). The Privacy Act allows us to disclose information maintained in a system of records without consent of the record subject to another party if such disclosure is pursuant to a routine use published in the system of records. 5 U.S.C. 552a(b)(3). A ‘‘routine use’’ must be compatible with the purpose for which SSA collected the information (5 U.S.C. 552a(a)(7)). Under SSA’s regulations, SSA may publish a routine use permitting it to disclose information to another government entity for the administration of other government programs when the information requested concerns eligibility, benefit amounts, or other matters of benefit status in a Social Security program and is relevant to determining the same matters in other programs. 20 CFR 401.150(c). SSA collects information from applicants for, and beneficiaries of, Social Security benefits to determine entitlement and eligibility to such SSA benefits and the amount of those benefits. Under the new routine use and in accordance with the ACA, SSA will disclose information concerning eligibility, benefit amounts, or other matters of benefit status in a Social Security program to DHHS/CMS for use in making initial eligibility determinations, and eligibility redetermination and renewal decisions, including appeal determinations for IAPs, and certifications of exemption under the ACA. Specifically, DHHS/ VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 CMS will use the information SSA provides to determine entitlement and eligibility in QHPs offered through an Exchange, including the APTCs under section 36B of the Internal Revenue Code of 1986 and CSRs under section 1402 of the ACA; a State Medicaid program under title XIX of the Act; the CHIP under title XXI of the Act; a State program under section 1331 of the ACA establishing qualified BHPs; and a certification of exemption pursuant to section 1311(d)(4)(H) of the ACA. The verification and disclosure of information in our records to DHHS/ CMS for its use in administering the health and income maintenance programs under ACA and the Act, meet the statutory and compatibility requirements for routine use disclosures. IV. Effect of the Routine Use on the Rights of Individuals DHHS/CMS and SSA are subject to Privacy Act requirements. Our disclosures to DHHS/CMS are compliant with the Privacy Act, the ACA, and the Social Security Act. The Privacy Act requires that our routine use be compatible with the purpose for which we collected the information. 5 U.S.C. 552a(a)(7) and (b)(3). In this case, we collect the information we plan to disclose in order to administer our programs. We will disclose this information to DHHS/CMS in connection with the administration of IAPs and certifications of exemption under ACA. We have determined that this is a compatible purpose under the Privacy Act and our regulation. After we disclose information to DHHS/CMS under the new routine use, the information is subject to the relevant DHHS System of Records Notices. We will enter into a Computer Matching and Privacy Protection Act (CMPPA) agreement with DHHS/CMS to support the new routine use disclosures. CMPPA agreements have specific provisions to protect the privacy rights of record subjects; to protect the confidentiality and integrity of the records; and to prohibit unauthorized use of the records. Therefore, we do not anticipate that the routine use will have an unwarranted adverse effect on the privacy or other rights of individuals about whom we will disclose information. Kirsten J. Moncada, Executive Director, Office of Privacy and Disclosure, Office of the General Counsel. [FR Doc. 2013–16099 Filed 7–3–13; 8:45 am] DEPARTMENT OF STATE [Public Notice 8372] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘New Photography 2013: Adam Broomberg and Oliver Chanarin, Brendan Fowler, Annette Kelm, Lisa Oppenheim, Anna Ostoya, Josephine Pryde, and Eileen Quinlan’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ‘‘New Photography 2013: Adam Broomberg and Oliver Chanarin, Brendan Fowler, Annette Kelm, Lisa Oppenheim, Anna Ostoya, Josephine Pryde, and Eileen Quinlan,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Museum of Modern Art, New York, NY, from on or about September 14, 2013, until on or about February 5, 2014, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. SUMMARY: For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6467). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. FOR FURTHER INFORMATION CONTACT: Dated: June 27, 2013. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2013–16155 Filed 7–3–13; 8:45 am] BILLING CODE 4710–05–P BILLING CODE 4191–02–P PO 00000 Frm 00120 Fmt 4703 Sfmt 9990 E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40542-40544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16099]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2013-0032]


Privacy Act of 1974, As Amended: Proposed New Routine Use

AGENCY: Social Security Administration.

ACTION: New Proposed Routine Use Applicable to Four Systems of Records.

-----------------------------------------------------------------------

[[Page 40543]]

SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 
552a(e)(4) and (e)(11)) and our disclosure regulations (20 CFR Part 
401), we are issuing public notice of our intent to publish a new 
routine use applicable to our systems of records entitled:
     Master Files of Social Security Number (SSN) Holders and 
SSN Applications, (60-0058) (the Enumeration System)
     Earnings Recording and Self-Employment Income System, (60-
0059)
     Master Beneficiary Record (MBR), (60-0090)
     Prisoner Update Processing System (PUPS), (60-0269)
    The Patient Protection and Affordable Care Act of 2010 (Pub. L. 
111-148), as amended by the Health Care and Education Reconciliation 
Act of 2010 (Pub. L. 111-152) (collectively, the ACA) requires the use 
of a single, streamlined application to determine eligibility for an 
Insurance Affordability Program (IAP), which includes:
     a Qualified Health Plan (QHP) through an Exchange,
     Advance Payments of the Premium Tax Credit (APTC),
     Cost-Sharing Reductions (CSR),
     Medicaid,
     the Children's Health Insurance Program (CHIP), and
     the Basic Health Program (BHP).
    As a part of the eligibility determination process, individuals may 
apply for an exemption from the individual responsibility requirement 
to maintain coverage (certification of exemption). The new routine use 
will enable SSA to disclose information to the Department of Health and 
Human Services (DHHS)/Centers for Medicare & Medicaid Services (CMS) to 
confirm the accuracy of attestations made by an individual to determine 
eligibility and entitlement to an IAP and identify individuals who 
qualify for certifications of exemption under the ACA. We discuss the 
routine use in detail in the Supplementary Information section below. 
We invite public comment on this proposal.

DATES: We filed a report of the routine use with the Chairman of the 
Senate Committee on Homeland Security and Governmental Affairs, the 
Chairman of the House Committee on Oversight and Government Reform, and 
the Director, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB). The routine use will become effective on 
August 31, 2013 unless we receive comments before that date that would 
result in a contrary determination.

ADDRESSES: Interested persons may comment on this publication by 
writing to the Executive Director, Office of Privacy and Disclosure, 
Office of the General Counsel, Social Security Administration, Room 617 
Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401. All comments we receive will be available for public inspection 
at the above address.

FOR FURTHER INFORMATION CONTACT: Keisha Mahoney, Government Information 
Specialist, The Electronic Interchange and Liaison Division, Office of 
Privacy and Disclosure, Office of the General Counsel, Social Security 
Administration, Room 617 Altmeyer Building, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, telephone: (410) 966-9048, Email: 
Keisha.Mahoney@ssa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Proposed New Routine Use

    Section 1411(c) of the ACA requires the Secretary of DHHS/CMS to 
establish a program meeting the requirements of the ACA to determine 
eligibility for and enrollment in an IAP, including:
     a QHP through the Exchange,
     APTC,
     CSRs,
     Medicaid,
     the CHIP, and
     the BHP.
    As a part of the eligibility determination process, individuals may 
apply for certifications of exemption under the ACA. Specifically, 
individuals must furnish their name, date of birth, Social Security 
number (SSN), and attestation of citizenship status to the Secretary of 
DHHS/CMS. The Secretary of DHHS/CMS will submit the information to the 
Commissioner of SSA for a determination as to whether the information 
submitted is consistent with the records of SSA. The ACA also permits 
the Secretary of DHHS/CMS to request additional information that is 
relevant to determining entitlement and eligibility to programs. To 
accommodate such requests, SSA will disclose (1) Disability indicator, 
(2) death indicator, (3) prisoner data, (4) quarters of coverage, and 
(5) monthly and annual Social Security benefit information under title 
II of the Social Security Act (Act). Section 1411(c)(4) of the ACA 
requires DHHS/CMS and SSA to use an on-line system or a system 
otherwise involving electronic exchange to support such transactions. 
To support this need, we are establishing a new routine use to allow 
for such disclosures by SSA to DHHS/CMS. DHHS/CMS will use the data for 
the purpose of the administration of IAPs and for certifications of 
exemption under the ACA.

II. Proposed New Routine Use

    The Privacy Act requires that agencies publish a notice in the 
Federal Register of ``each routine use of the records contained in the 
system, including the categories of users and the purpose of such 
use.'' 5 U.S.C. 552a(e)(4)(D). We developed the following new routine 
use that will allow us to disclose information to DHHS/CMS:
    To the Department of Health and Human Services (DHHS)/Centers for 
Medicare and Medicaid Services (CMS) for the purpose of the 
administration of Insurance Affordability Programs (IAP) and to 
identify individuals who qualify for an exemption from the individual 
responsibility requirement in accordance with the Patient Protection 
and Affordable Care Act of 2010 (Pub. L. 111-148), as amended by the 
Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152). 
IAPs include a Qualified Health Plan through the Exchange, Advance 
Payments of the Premium Tax Credit, Cost Sharing Reductions, Medicaid, 
the Children's Health Insurance Program, and the Basic Health Program.
    The new routine use will be included in the following systems of 
records:
     60-0058, Master Files of SSN Holders and SSN Applications, 
last published on December 29, 2010 at 74 FR 62866, as new routine use 
45;
     60-0059, Earnings Recording and Self-Employment Income 
System, last published on January 11, 2006 at 71 FR 1819, as new 
routine use 34;
     60-0090, Master Beneficiary Record, last published on 
January 11, 2006 at 71 FR 1826, as new routine use 39; and
     60-0269, Prisoner Update Processing System (PUPS), last 
published on March 8, 1999 at 64 FR 11076, as new routine use 13.
    SSA will rely on this routine use to disclose only those data 
elements from SSA's system of records that DHHS/CMS has demonstrated 
are necessary for the administration of IAPs and certifications of 
exemption in accordance with the ACA.

III. Compatibility of Routine Use

    In accordance with the Privacy Act (5 U.S.C. 552(a) and (b)(3)), 
and our disclosure regulations (20 CFR Part 401), we are proposing to 
establish a new routine use to support the ACA.
    We can disclose information when the disclosure is required by law 
(20 CFR 401.120).

[[Page 40544]]

     Section 1411(c) of the ACA requires SSA to determine 
whether the name, date of birth, SSN and attestation of citizenship of 
individuals applying for IAPs under the ACA are consistent with 
information in SSA's records.
     Section 205(r)(3) of the Social Security Act (Act) permits 
SSA to disclose, on a reimbursable basis, death information to a 
Federal or State agency that administers a Federally-funded benefit 
other than pursuant to the Act to ensure proper payment of such 
benefit. Section 7213 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 provides SSA authority to add a death indicator 
to verification routines that the agency deems appropriate.
     Sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii) of the 
Act permit SSA to disclose, on a reimbursable basis, prisoner 
information to an agency administering a Federal or Federally-funded 
cash, food, or medical assistance program for eligibility and other 
administrative purposes under such program.
    We can also disclose information when the purpose is compatible 
with the purpose for which we collected the information and is 
supported by a published routine use (20 CFR 401.150). The Privacy Act 
allows us to disclose information maintained in a system of records 
without consent of the record subject to another party if such 
disclosure is pursuant to a routine use published in the system of 
records. 5 U.S.C. 552a(b)(3). A ``routine use'' must be compatible with 
the purpose for which SSA collected the information (5 U.S.C. 
552a(a)(7)). Under SSA's regulations, SSA may publish a routine use 
permitting it to disclose information to another government entity for 
the administration of other government programs when the information 
requested concerns eligibility, benefit amounts, or other matters of 
benefit status in a Social Security program and is relevant to 
determining the same matters in other programs. 20 CFR 401.150(c). SSA 
collects information from applicants for, and beneficiaries of, Social 
Security benefits to determine entitlement and eligibility to such SSA 
benefits and the amount of those benefits. Under the new routine use 
and in accordance with the ACA, SSA will disclose information 
concerning eligibility, benefit amounts, or other matters of benefit 
status in a Social Security program to DHHS/CMS for use in making 
initial eligibility determinations, and eligibility redetermination and 
renewal decisions, including appeal determinations for IAPs, and 
certifications of exemption under the ACA. Specifically, DHHS/CMS will 
use the information SSA provides to determine entitlement and 
eligibility in QHPs offered through an Exchange, including the APTCs 
under section 36B of the Internal Revenue Code of 1986 and CSRs under 
section 1402 of the ACA; a State Medicaid program under title XIX of 
the Act; the CHIP under title XXI of the Act; a State program under 
section 1331 of the ACA establishing qualified BHPs; and a 
certification of exemption pursuant to section 1311(d)(4)(H) of the 
ACA. The verification and disclosure of information in our records to 
DHHS/CMS for its use in administering the health and income maintenance 
programs under ACA and the Act, meet the statutory and compatibility 
requirements for routine use disclosures.

IV. Effect of the Routine Use on the Rights of Individuals

    DHHS/CMS and SSA are subject to Privacy Act requirements. Our 
disclosures to DHHS/CMS are compliant with the Privacy Act, the ACA, 
and the Social Security Act. The Privacy Act requires that our routine 
use be compatible with the purpose for which we collected the 
information. 5 U.S.C. 552a(a)(7) and (b)(3). In this case, we collect 
the information we plan to disclose in order to administer our 
programs. We will disclose this information to DHHS/CMS in connection 
with the administration of IAPs and certifications of exemption under 
ACA. We have determined that this is a compatible purpose under the 
Privacy Act and our regulation. After we disclose information to DHHS/
CMS under the new routine use, the information is subject to the 
relevant DHHS System of Records Notices. We will enter into a Computer 
Matching and Privacy Protection Act (CMPPA) agreement with DHHS/CMS to 
support the new routine use disclosures. CMPPA agreements have specific 
provisions to protect the privacy rights of record subjects; to protect 
the confidentiality and integrity of the records; and to prohibit 
unauthorized use of the records. Therefore, we do not anticipate that 
the routine use will have an unwarranted adverse effect on the privacy 
or other rights of individuals about whom we will disclose information.

Kirsten J. Moncada,
Executive Director, Office of Privacy and Disclosure, Office of the 
General Counsel.
[FR Doc. 2013-16099 Filed 7-3-13; 8:45 am]
BILLING CODE 4191-02-P