Privacy Act of 1974; Computer Matching Program, 45513-45515 [2013-18091]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45513-45515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18091]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2013-OS-0168]


Privacy Act of 1974; Computer Matching Program

AGENCY: Defense Manpower Data Center (DMDC), DoD.

ACTION: Notice of a Computer Matching Program.

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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 advanced notices 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 of 1974, as amended, is hereby giving 
notice to the record subjects of a computer matching program between 
the DoD and the Department of Health and Human Services (HHS) acting on 
behalf of the State Public Assistance Agencies (SPAA). The purpose of 
the computer matching program is to exchange personal data for purposes 
of identifying individuals who are receiving Federal compensation or 
pension payments and also are receiving payments pursuant to Federal 
benefit programs being administered by the States.

DATES: This proposed action will become effective August 28, 2013 and 
matching may commence unless changes to the matching program are 
required due to public comments or by Congressional or by Office of 
Management and Budget objections. Any public comment must be received 
before the effective date.
    Comments must be received before August 28, 2013.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Samuel P. Jenkins at (703) 571-0070.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended (5 U.S.C. 552a), the HHS and DMDC have 
concluded an agreement to conduct a computer matching program between 
agencies. The purpose of the computer matching program is to exchange 
personal data for purposes of identifying individuals who are receiving 
Federal compensation or pension payments and also are receiving 
payments pursuant to Federal benefit programs being administered by the 
States.
    The parties to this agreement have determined that a computer 
matching program is the most efficient, expeditious, and effective 
means of obtaining and processing the information needed by the SPAAs 
to identify individuals who may be ineligible for public assistance 
benefits. The principal alternative to using a computer matching 
program for identifying such individuals would be to conduct a manual 
comparison of all Federal personnel records with SPAA records of those 
individuals currently receiving public assistance under a Federal 
benefit program being administered by the State. Conducting a manual 
match, however, would clearly impose a considerable administrative 
burden, constitute a greater intrusion of the individual's privacy, and 
would result in additional delay in determining eligibility and, if 
applicable, the eventual recovery of any outstanding debts.
    A copy of the computer matching agreement between HHS and DoD is 
available upon request. Requests should be submitted to the address 
captioned above or to the Director, Office of Financial Services Office 
of Administration, 370 L'Enfant Prmenade

[[Page 45514]]

SW., Washington, DC 20447; Telephone: (202) 401-7237.
    Set forth 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 of 1974, and an advance copy of this notice was submitted 
on July 16, 2013, to the House Committee on Government Reform, the 
Senate Committee on Homeland Security and 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: July 24, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NOTICE OF A COMPUTER MATCHING PROGRAM AMONG THE DEFENSE MANPOWER DATA 
CENTER, THE DEPARTMENT OF DEFENSE; THE ADMINISTRATION FOR CHILDREN AND 
FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES; AND STATE PUBLIC 
ASSISTANCE AGENCIES FOR VERIFICATION OF CONTINUED ELIGIBILITY FOR 
PUBLIC ASSISTANCE

A. PARTICIPATING AGENCIES:
    Participants in this computer matching program are State Public 
Assistance Agencies (SPAA), the Department of Health and Human Services 
(HHS), and the Department of Defense (DoD). The SPAA is the source 
agency, the agency disclosing the records for purpose of the match; HHS 
is the facilitating agency, the agency acting on behalf of the SPAAs, 
and DoD is the matching agency, the agency that actually performs the 
match.

B. PURPOSE OF THE MATCH:
    This agreement establishes an arrangement for a periodic computer 
matching program between DoD as the matching agency, ACF as the 
facilitating agency, and the SPAAs as the source agencies who will use 
the data in their public assistance programs. The purpose of this 
matching program is to provide the SPAAs with data from DoD military 
and civilian pay files, the military retired pay files, survivor pay 
files and the OPM civilian retired and survivor pay files to determine 
eligibility and to ensure fair and equitable treatment in the delivery 
of benefits attributable to funds provided by the Federal Government. 
The SPAAs will use the matched data to verify the continued eligibility 
of individuals to receive public assistance benefits and, if 
ineligible, to take such action as may be authorized by law and 
regulation.
    ACF, in its role as match facilitator, will support each SPAA's 
efforts to ensure appropriate delivery of benefits by assisting with 
drafting the necessary agreements, helping arrange signatures to the 
agreements and acting as a central shipping point as necessary.
    This agreement sets forth the responsibility of the SPAAs with 
respect to information obtained pursuant to this agreement. Each SPAA 
match is expected to comply with pertinent requirements of the Privacy 
Act, including its implementing regulations and guidance.

C. AUTHORITY FOR CONDUCTING THE MATCH:
    The legal authority for conducting the matching program is 
contained in sections 402 and 1137 of the Social Security Act (42 
U.S.C. 602 and 1320b-7).

D. RECORDS TO BE MATCHED:
    The systems of records maintained by the respective agencies under 
the Privacy Act of 1974, as amended, 5 U.S.C. 552a, from which records 
will be disclosed for the purpose of this computer match are as 
follows:
    1. Federal, but not State, agencies must publish system notices for 
``systems of records'' pursuant to subsection (e)(4) of the Privacy Act 
and must identify ``routine uses'' pursuant to subsection (b)(3) of the 
Privacy Act for those systems of records from which they intend to 
disclose this information. The DoD system of records described in this 
notice contains an appropriate routine use proviso, which permits 
disclosure of information by DMDC to ACF and the SPAAs.
    2. DoD will use personal data from the record system identified as 
DMDC 01, entitled ``Defense Manpower Data Center Data Base'', November 
23, 2011, 76 FR 72391.
    3. HHS will be disclosing, as applicable, to DMDC personal data it 
has collected from the SPAAs. No information will be disclosed from 
systems of records that ACF operates and maintains. HHS will be 
disclosing, as applicable, to the SPAAs personal data it has received 
from DMDC. The DMDC supplied matched data will be disclosed by ACF 
pursuant to the DoD routine use.

E. DESCRIPTION OF COMPUTER MATCHING PROGRAM:
    Each participating SPAA will send ACF an electronic file of 
eligible public assistance client information. These files are non-
Federal computer records maintained by the States. ACF will then send 
this information on to DMDC. In the alternative, participating SPAAs 
can submit files to DMDC via the Social Security Administration's (SSA) 
``Connect Direct'' portal. After DMDC receives the SPAA files, it will 
match the SPAA files against the DMDC database. The DMDC database 
consists of pay of DoD personnel and retirement records of non-postal 
Federal civilian employees and military members, both active and 
retired and survivor annuitants. The matching activity will take place 
at DMDC and will use all nine digits of the SSN. Resulting ``hits'' or 
matches will be disclosed to the relevant SPAAs.
    1. The electronic files provided by each participating SPAA will 
contain data elements of the client's name, SSN, date of birth, 
address, sex, marital status, number of dependents, information 
regarding the specific public assistance benefit being received, and 
such other data as considered necessary on no more than 10,000,000 
public assistance beneficiaries.
    2. The DMDC computer database file contains approximately 4.85 
million records of active duty and retired military members, including 
the Reserve and Guard, and approximately 3.68 million records of active 
and retired non-postal Federal civilian employees. Employee or retiree 
records may include information on benefits payable to employee or 
retiree dependents and/or survivors.
    3. DMDC will match the SSN on the SPAA file by computer against the 
DMDC database. Matching records, ``hits'' based on SSNs, will produce 
data elements of the individual's name; SSN; active or retired; if 
active, military service or employing agency, and current work or home 
address, and such other data as considered necessary.

F. INCLUSIVE DATES OF THE MATCHING PROGRAM:
    The effective date of the matching agreement and date when matching 
may actually begin shall be at the expiration of the 40-day review 
period for OMB and Congress, or 30 days after publication of the 
matching notice in the Federal Register, whichever date is later. The 
parties to this agreement may assume OMB and Congressional concurrence 
if no comments are received within 40 days of the date of the 
transmittal letter. The 40-day OMB and Congressional review period and

[[Page 45515]]

the mandatory 30-day public comment period for the Federal Register 
publication of the notice will run concurrently. By agreement between 
HHS and DoD, 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:
    Defense Privacy and Civil Liberties Office, Director for Privacy, 
241 18th Street South, Suite 101, Arlington, VA 22202. Telephone (703) 
571-0070.
[FR Doc. 2013-18091 Filed 7-26-13; 8:45 am]
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