[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