[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1410-1411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-235]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2011-OS-0005]
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, 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 February 9, 2011 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: Any interested party may submit written comments to the
Director for Privacy, 1901 South Bell Street, Suite 920, Arlington, VA
22202-4512.
FOR FURTHER INFORMATION CONTACT: Samuel P. Jenkins at (703) 607-2943.
SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy
Act of 1974, as amended, (5 U.S.C. 552a), the DHHS 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
caption above or to the HHS, Administration for Children and Families,
370 L'Enfant Promenade, SW., Washington, DC 20447.
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 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, and an advance copy of this notice was submitted on
January 4, 2011, 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: January 4, 2011.
Morgan F. Park,
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: 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 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 arranging
[[Page 1411]]
signatures to the agreements, and acting as a central shipping point as
necessary.
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 below
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,'' last
published in the Federal Register at 74 FR 39666, August 7, 2009.
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 to DMDC.
In the alternative, participating SPAAs can submit files directly to
DMDC. After DMDC receives the SPAA data, it will match the data against
the DMDC database. The Database consists of personnel records of non-
postal Federal civilian employees and military members, both active and
retired. Resulting ``hits'' or matches will be disclosed to the SPAA
that submitted the client information.
1. The electronic files provided by ACF and the SPAAs 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 and 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.
3. DMDC will match the SSN on the ACF/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 other relevant information.
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 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: Director
for Privacy, 1901 South Bell Street, Suite 920, Arlington, VA 22202-
4512. Telephone (703) 607-2943.
[FR Doc. 2011-235 Filed 1-7-11; 8:45 am]
BILLING CODE 5001-06-P