Privacy Act of 1974; Notice of a Computer Matching Program, 42335-42337 [2016-15405]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42335-42337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15405]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0076]


Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, DoD.

ACTION: Notice of a Computer Matching Program.

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SUMMARY: Subsection (e) (12) of 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, ``Management of Federal 
Information Resources,'' revised November 28, 2000, requires agencies 
to publish advance notice of any proposed or revised computer matching 
agreement for public comment. The Defense Manpower Data Center (DMDC) 
of the Department of Defense (DoD), as the matching agency under the 
Privacy Act is hereby giving notice to the record subjects of a 
computer matching agreement with the Administration for Children and 
Families of the Department of Health and Human Services (HHS) acting on 
behalf of the State Public Assistance Agencies (SPAA).

DATES: This proposed action will become effective July 29, 2016 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.

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: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    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: Ms. Cindy Allard at telephone (703) 
571-0070.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy 
Act of 1974, as amended (5 U.S.C. 552a), the DoD and the HHS have 
concluded an agreement to conduct a computer matching program between 
the agencies. The purpose of this computer matching program is to 
exchange personal data for the purposes of identifying individuals who 
are receiving Federal compensation or pension payments and are also 
receiving payments pursuant to Federal benefits 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

[[Page 42336]]

obtaining and processing the information needed to identify individuals 
who may be ineligible for public assistance benefits, i.e., to verify 
client declarations of income circumstances. The principal alternative 
to using a computer matching program for identifying such individuals 
would be to conduct a manual comparison of all DoD pay/retirement/
survivor pay files and the Office of Personnel Management civilian 
retired pay 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 the eventual recovery of any outstanding debts. By 
contrast, when using the computer matching program, information on 
successful matches (hits) can be provided within 30 days of receipt of 
an electronic file of SPAA beneficiaries.
    A copy of the computer matching agreement between HHS and DoD is 
available upon request to the public. Requests should be submitted to 
Defense Privacy, Civil Liberties, and Transparency Division, Office of 
the Deputy Chief Management Officer, Office of the Secretary of 
Defense, 4800 Mark Center Drive, Attention: DPCLTD Mailbox #24, 
Alexandria, Virginia 22350-1700 or to the Department of Health and 
Human Services, Administration for Children and Families, 330 C Street, 
SW Switzer Building, Room 3117B, Washington, DC 20024.
    Set forth below is the notice of the establishment of a computer 
matching program required by paragraph 6.c. of the Office of Management 
and Budget (OMB) Guidelines on computer matching published in the 
Federal Register at 54 FR 25818 on June 19, 1989.
    The matching agreement, as required by 5 U.S.C. 552a(r) of the 
Privacy Act, as amended, and an advance copy of this notice was 
submitted on June 10, 2016, to the House Committee on Oversight and 
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 4 of Appendix I to OMB Circular No. A-130, 
``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' revised November 28, 2000 (December 12, 2000 65 FR 
77677).

    Dated: June 24, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

    NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE DEFENSE MANPOWER 
DATA CENTER, 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 the State Public Assistance Agencies (SPAA), the 
Administration for Children and Families (ACF) of the Department of 
Health and Human Services (HHS), and the Defense Manpower Data Center 
(DMDC) of the Department of Defense (DoD). The SPAA is the source 
agency, the agency disclosing the records for the purpose of the match; 
ACF is the facilitating agency, the agency acting on behalf of the 
SPAAs; and the DMDC 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 DMDC 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 Office of Personnel Management 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, 1137, and 
1903(r) of the Social Security Act (42 U.S.C. 602, a 1320b-7, and 
1396b(r)).
    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 below 
contains an appropriate routine use proviso which permits disclosure of 
information by DMDC as described in this Agreement.
    2. DMDC 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. As previously noted, the DoD records will be 
matched electronically against records supplied by the SPAAs. No 
information will be disclosed from any systems of records maintained by 
HHS.
    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. Participating SPAAs can submit files to DMDC 
via ``Connect Direct'' or other secure portal arranged with DMDC. 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

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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: This computer matching 
program is subject to public comment and review by Congress and the 
Office of Management and Budget (OMB). If the mandatory 30 day period 
for comment has expired and no comments are received and if no 
objections are raised by either Congress or the OMB within 40 days of 
being notified of the proposed match, the computer matching program 
becomes effective and the respective agencies may begin the exchange at 
a mutually agreeable time and thereafter on a quarterly basis. 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: Department 
of Defense, Office of the Deputy Chief Management Officer, Directorate 
for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, 
Alexandria, VA 22350-1700.

[FR Doc. 2016-15405 Filed 6-28-16; 8:45 am]
 BILLING CODE 5001-06-P