SUPPLEMENTARY INFORMATION section below. The Privacy Act requires that CMS provide an opportunity for interested persons to comment on the proposed matching program. We may defer implementation of this matching program if we receive comments that persuade us to defer implementation. See “Effective Dates” section below for comment period.
DATES:
Effective Dates: CMS filed a report of the Computer Matching Program (CMP) with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) on 09–24–2008. We will not disclose any information under a matching agreement until 40 days after filing a report to OMB and Congress or 30 days after publication, whichever is later.
ADDRESSES:
The public should address comments to: Walter Stone, CMS Privacy Officer, Division of Privacy Compliance (DPC), Enterprise Architecture and Strategy Group (EASG), Office of Information Services (OIS), CMS, Mail stop N2–04–27, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.—3 p.m., eastern daylight time.
FOR FURTHER INFORMATION CONTACT:
Walter Stone, CMS Privacy Officer, Division of Privacy Compliance (DPC), Enterprise Architecture and Strategy Group (EASG), Office of Information Services (OIS), CMS, Mail stop N2–04–27, 7500 Security Boulevard, Baltimore, Maryland 21244–1850.
SUPPLEMENTARY INFORMATION:
I. Description of the Matching Program
A. General
The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100–503), amended the Privacy Act (5 U.S.C. 552a) by describing the manner in which computer matching involving Federal agencies could be performed and adding certain protections for individuals 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 individuals. 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 agencies participating in the matching programs;
2. Obtain the Data Integrity Board approval of the match agreements;
3. Furnish detailed reports about matching programs to Congress and OMB;
4. Notify applicants and beneficiaries that the records are subject to matching; and,
5. Verify match findings before reducing, suspending, terminating, or denying an individual's benefits or payments.
B. CMS Computer Matches Subject to the Privacy Act
CMS has taken action to ensure that all CMPs that this Agency participates in comply with the requirements of the Privacy Act of 1974, as amended.
Dated: September 23, 2008.
Charlene Frizzera,
Chief Operating Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2008–02
HHS Computer Match No. 0602
NAME:
“Disclosure of Enrollment and Eligibility Information for Military Health System Beneficiaries Who are Medicare Eligible.”
SECURITY CLASSIFICATION:
Level Three Privacy Act Sensitive.
PARTICIPATING AGENCIES:
The Centers for Medicare & Medicaid Services (CMS); and
Department of Defense (DoD), Manpower Data Center (DMDC), Defense Enrollment and Eligibility Reporting System Office (DEERS), and the Office of the Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity (TMA).
AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
This CMA is executed to comply with the Privacy Act of 1974 (Title 5 United States Code (U.S.C.) § 552a), as amended, (as amended by Public Law (Pub. L.) 100–503, the Computer Matching and Privacy Protection Act of 1988), the Office of Management and Budget (OMB) Circular A–130, titled “Management of Federal Information Resources” at 61 Federal Register (FR) 6435 (February 20, 1996), and OMB guidelines pertaining to computer matching at 54 FR 25818 (June 19, 1989).
Prior to 1991, CHAMPUS entitlement terminated when any individual became eligible for Medicare Part A on a non-premium basis. The National Defense Authorization Act(s) (NDAA) for Fiscal Years (FY) 1992 and 1993 (Pub. L. 102–190) § 704, provide for reinstatement of CHAMPUS as second payer for beneficiaries entitled to Medicare on the basis of disability/End Stage Renal Disease (ESRD) only if they also enroll in Part B.
This agreement implements the information matching provisions of the NDAA, FY 2001 (Pub. L. 106–398) Sections 711 and 712; the NDAA, FY 1993 (Pub. L. 102–484) Section 705; and the NDAA, FY 1992 (Pub. L. 102–190) Sections 704 and 713.
Section 732 of the FY 1996 NDAA (Pub. L. 104–106), directed the administering Secretaries to develop a mechanism for notifying beneficiaries of their ineligibility for CHAMPUS when loss of eligibility is due to disability status.
PURPOSE(S) OF THE MATCHING PROGRAM:
The purpose of this agreement is to establish the conditions, safeguards and procedures under which CMS will disclose Medicare enrollment information to the DoD, DMDC, DEERS, and Health Affairs/TMA. The disclosure by CMS will provide TMA with the information necessary to determine if Military Health System (MHS) beneficiaries (other than dependents of active duty personnel), who are Medicare eligible, are eligible to receive continued military health care benefits. This disclosure will provide TMA with the information necessary to meet the Congressional mandate outlined in legislative provisions in the NDAA listed above.
Current law requires TMA to discontinue military health care benefits to MHS beneficiaries who are Medicare eligible and under the age of 65 when they become eligible for Medicare Part A because of disability/ESRD unless they are enrolled in Medicare Part B. Current law also requires TMA to provide health care and medical benefits to MHS beneficiaries who are Medicare eligible (commonly referred to as the dual eligible population) over the age of 65 who are enrolled in the supplementary medical insurance program under Part B of the Medicare program. This CMA will combine both groups of the MHS beneficiary population described above into one single database to more effectively carry out this matching program. In order for TMA to meet the requirements of current law, CMS agrees to disclose certain Part A and Part B enrollment data on this dual eligible population, which will be used to determine a beneficiary's eligibility for care under CHAMPUS/TRICARE. DEERS will receive the results of the computer match and provide the information to TMA for use in its matching program.
This computer matching agreement supersedes all existing data exchange agreements between CMS and DMDC applicable to the exchange of personal data for purposes of disclosing enrollment and eligibility information for MHS beneficiaries who are Medicare eligible.
CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH:
DEERS will furnish CMS with an electronic file on a monthly basis extracted from the DEERS' systems of records containing social security numbers (SSN) for all MHS beneficiaries who may also be eligible for Medicare benefits. CMS will match the DEERS finder file against its “Medicare Beneficiary Database” system of records (System No. 09–70–0536), and will validate the identification of the beneficiary and provide the Health Insurance Claim Number that matches against the SSN and date of birth provided by DEERS, and also provide the Medicare Part A entitlement status and Part B enrollment status of the beneficiary. CMS's data will help TMA to determine a beneficiary's eligibility for continued care under TRICARE. DEERS will receive the results of the computer match and provide the information provided to TMA for use in its program.
DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
DoD will use the SOR identified as S322.50, entitled “Defense Eligibility Records,” at 69 Federal Register (FR) 33376 (June 15, 2004), as amended by 69 FR 67118 (November 16, 2004). SSNs of DoD beneficiaries will be released to CMS pursuant to the routine use set forth in the system notice, which provides that data may be released to HHS “for support of the DEERS enrollment process and to identify individuals not entitled to health care.”
Identification and Medicare status of DoD eligible beneficiaries will be provided to TMA to implement the statutory program. Therefore, eligibility information may also be maintained in the SOR identified as DHA 07, entitled “Military Health Information System (MHIS),” at 70 FR 44574 (August 3, 2005).
The release of the data for CMS is covered under the “Enrollment Database,” System No. 09–70–0502 published in the Federal Register at 73 FR 10249 (February 26, 2008). Matched data will be released to DEERS pursuant to the routine use number 2 as set forth in the system notice.
INCLUSIVE DATES OF THE MATCH:
The Matching Program shall become effective no sooner than 40 days after the report of the Matching Program is sent to OMB and Congress, or 30 days after publication in the Federal Register, which ever is later. The matching program will continue for 18 months from the effective date and may be renewed for an additional 12 month period as long as the statutory language for the match exists and other conditions are met.
[73 FR 57104, October 1, 2008]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974, as Amended; Computer Matching Program
AGENCY:
Administration for Children and Families (ACF).
ACTION:
Notice of a computer matching program.
SUMMARY:
In compliance with the Privacy Act of 1974, as amended by Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, ACF is publishing a notice of a computer matching program. The purpose of this computer match is to identify specific individuals who are receiving benefits from the Department of Veterans Affairs (VA) and also receiving payments pursuant to various benefit programs administered by both the Department of Health and Human Services (HHS) and the Department of Agriculture. ACF will facilitate this program on behalf of the State Public Assistance Agencies (SPAAs) that participate in the Public Assistance Reporting Information System (PARIS) for verification of continued eligibility for public assistance. The match will utilize VA and SPAA records.
DATES:
ACF will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives and the Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB). The dates for the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by writing to the Director, Office of Financial Services, Office of Administration, 370 L'Enfant Promenade, SW., Washington, DC 20047. All comments received will be available for public inspection at this address.
FOR FURTHER INFORMATION CONTACT:
Director, Office of Financial Services, Office of Administration, 370 L'Enfant Promenade, SW., Washington, DC 20047. Telephone: (202) 401–7237.
SUPPLEMENTARY INFORMATION:
Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, amended the Privacy Act (5 U.S.C. 552a) by adding certain protections for individuals applying for and receiving Federal benefits. The law regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, and local government records.
Federal agencies that provide or receive records in computer matching programs must:
1. Negotiate written agreements with source agencies;
2. Provide notification to applicants and beneficiaries that their records are subject to matching;
3. Verify match findings before reducing, suspending, or terminating an individual's benefits or payments;
4. Furnish detailed reports to Congress and OMB; and
5. Establish a Data Integrity Board that must approve matching agreements.
This computer matching program meets the requirements of Public Law 100–503.
Dated: 05/27/2009.
Curtis L. Coy,
Deputy Assistant Secretary for Administration, ACF.
Notice of Computer Matching Program
A. Participating Agencies
VA and SPAAs.
B. Purpose of the Match
To identify specific individuals who are receiving benefits from the VA and also receiving payments pursuant to HHS and Department of Agriculture benefit programs, and to verify their continued eligibility for such benefits. SPAAs will contact affected individuals and seek to verify the information resulting from the match before initiating any adverse actions based on the match results.
C. Authority for Conducting the Match
The authority for conducting the matching program is contained in section 402(a)(6) of the Social Security Act [42 U.S.C. 602(a)(6)].
D. Records to Be Matched
VA will disclose records from its Privacy Act system of records titled, “Compensation, Pension, Education, and Rehabilitation Records—VA (58VA21/22/28)” last published at 74 FR 14865 on April 1, 2009. VA's disclosure of information for use in this computer match is listed as a routine use in this system of records.
VA, as the source agency, will prepare electronic files containing the names and other personal identifying data of eligible veterans receiving benefits. These records are matched electronically against SPAA files consisting of data regarding monthly Medicaid, Temporary Assistance for Needy Families, general assistance, and Food Stamp beneficiaries.
1. The electronic files provided by the SPAAs will contain client names and Social Security Numbers (SSNs).
2. The resulting output returned to the SPAAs will contain personal identifiers, including names, SSNs, employers, current work or home addresses, etc.
E. 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 matching program will be in effect for 18 months from the effective date, with an option to renew for 12 additional months, unless one of the parties to the agreement advises the others by written request to terminate or modify the agreement.
[74 FR 26251, June 1, 2009]
[TOP]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS–2009–0012]
Privacy Act of 1974, as Amended; Computer Matching Program (Department of Homeland Security United States Citizenship and Immigration Services (DHS/USCIS)-New Jersey Department of Labor and Workforce Development (NJLWD))
AGENCY:
United States Citizenship and Immigration Services, DHS.
ACTION:
Notice of the renewal of an existing computer matching program, which is scheduled to expire on July 6, 2009.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of a computer matching program that Department of Homeland Security United States Citizenship and Immigration Services (DHS/USCIS) is currently conducting with New Jersey Department of Labor and Workforce Development.
DATES:
The matching program will become effective 30 days after publication of this notice in the Federal Register. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (703) 483–2999 or writing to the Privacy Office, Department of Homeland Security, Washington, DC 20528. All comments received will be available for public inspection at this address.
FOR FURTHER INFORMATION CONTACT:
For general questions please contact Donald Hawkins (202–272–8000), USCIS Privacy Officer, 20 Massachusetts Avenue, NW., Washington, DC 20529. For privacy issues please contact: Mary Ellen Callahan (703–235–0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
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 individuals applying for, and receiving, Federal benefits. Section 7201of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101–508) further amended the Privacy Act regarding protections for such individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. DHS Computer Matches Subject to the Privacy Act
DHS/USCIS has taken action to ensure that all of DHS's computer matching programs comply with the requirements of the Privacy Act, as amended.
C. Purpose of the Matching Program
The purpose of this agreement is to provide the NJLWD with electronic access to immigration status information contained within DHS/USCIS' Verification Information System (VIS). This access will enable the NJLWD to determine whether an applicant is eligible for benefits under the Unemployment Compensation (UC) program administered by NJLWD.
D. Authority for Conducting the Matching Program
NJLWD seeks access to the information contained in the DHS–USCIS VIS database to execute its obligations under Section 1137 of the Social Security Act and New Jersey Statute 43:21–4.
USCIS maintains the VIS database pursuant to Section 121 of the Immigration Reform and Control Act (IRCA) of 1986, Public Law 99–603, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Laws 104–193 Stat. 2168 (1996). These statutes require USCIS to make VIS available to State agencies which administer related benefits.
E. Categories of Records and Individuals Covered by the Matching Program
The USCIS VIS System of Records Notice (SORN) details the records and individuals relevant to this agreement. The VIS SORN can be found at 73 FR 75445, December 11, 2008.
Categories of Individuals Covered
This system contains information on individuals, both U.S. citizens and non-U.S. citizens covered by provisions of the Immigration and Nationality Act of the United States including but not limited to individuals who have been lawfully admitted to the United States, individuals who have been granted U.S. citizenship and individuals who have applied for other immigration benefits pursuant to 8 U.S.C. 1103 et seq. In addition, it contains information on cohabitants and relatives of subjects of SAVE background investigations conducted for OPM. This system also contains information on individuals, both U.S. citizens and non-U.S. citizens, whose employers have submitted to the E-Verify program their identification information. This system also contains information on individuals, both U.S. citizens and non-U.S. citizens, who have been victims of identity theft and have chosen to lock their Social Security number from further use in the E-Verify program.
Categories of Records Covered
• Data originating from the USCIS Central Index System (CIS), including the following information about the individual who comes before USCIS: Alien Registration Number (A–Number), name (last, first, middle), date of birth, date entered United States (entry date), country of birth, class of admission code, File Control Office code, Social Security Number, Admission Number (I–94 Number), provision of law code cited for employment authorization, office code where the authorization was granted, date employment authorization decision issued, date employment authorization may begin (start date), date employment authorization expires (expiration date), and date employment authorization was denied (denial date).
• Data originating from the U.S. Customs and Border Protection Treasury Enforcement Communications System (TECS), including the following information about the individual: A–Number, name (last, first, middle), date alien's status was changed (status change date), date of birth, class of admission code, date admitted until, country of citizenship, port of entry, date entered United States (entry date), departure date, I–94 Number, visa number, and transaction link to passport photographs contained in TECS.
• Data originating from the Redesigned Naturalization Automated Casework System (RNACS). RNACS is a database that includes information from individuals who have filed applications for naturalization, citizenship, or to replace naturalization certificates under the Immigration and Nationality Act, as amended, and/or who have submitted fee payments with such applications. The naturalization records in the RNACS database house information from 1986 to 1996. Information that identifies individuals named above, e.g., name, address, date of birth, and alien registration number (A-Number). Records in the system may also include information such as Date documents were filed or received in CIS, Status, class of admission codes, and locations of record.
• Data originating from the Computer Linked Applications Information Management System (CLAIMS 4) including the following information about the individual: name (first, last), date of birth, Social Security Number, and naturalization date.
• Data originating from the USCIS Biometric Storage System (BSS), including: Receipt number, name (last, first, middle), date of birth, country of birth, A-Number, form number (for example Form I–551, Lawful Permanent Resident card, or Form I–766, Employment Authorization Document), expiration date, and photo.
• Data originating from the USCIS Computer Linked Application Information Management System (CLAIMS 3), including: Receipt number, name (last, first, middle), date of birth, country of birth, class of admission code, A-Number, I–94 number, date entered United States (entry date), and `valid-to' date.
• Data originating from the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Information System (SEVIS), including: SEVIS Identification Number (SEVIS ID), name (last, first, middle), date of birth, country of birth, class of admission code, I–94 number, date entered United States (entry date), and `valid-to' date.
• Data originating from the Social Security Administration (SSA), including: Confirmation of employment eligibility based on SSA records, tentative non-confirmation of employment eligibility and the underlying justification for this decision, and Final non-confirmation of employment eligibility.
• Information collected from the benefit applicant by a Federal, State, local or other benefit-issuing agency to facilitate immigration status verification that may include the following about the benefit applicant: Receipt Number, A-Number, I–94 Number, name (last, first, middle), date of birth, user case number, DHS document type, DHS document expiration date, SEVIS ID and visa number.
• Information collected from the benefit-issuing agency about users accessing the system to facilitate immigration status verification that may include the following about the agency: Agency name, address, point(s) of contact, contact telephone number, fax number, e-mail address, type of benefit(s) the agency issues (i.e. unemployment insurance, educational assistance, driver licensing, etc.).
• Information collected from the benefit-issuing agency about the individual agency user including: Name (last, first, middle), phone number, fax number, e-mail address, user ID for users within the agency.
• System-generated response, as a result of the SAVE verification process including: Case verification number, entire record in VIS database as outlined above, including all information from CIS, SEVIS, TECS, and CLAIMS 3 and with the exception of the biometric information (photo) from BSS, and immigration status (e.g., Lawful Permanent Resident).
• Information collected from the employee by the employer user to facilitate employment eligibility verification may include the following about the Individual employee: Receipt number, visa number, United States or foreign passport number, passport card number, A-Number, I–94 Number, name (last, first, middle initial, maiden), Social Security Number, date of birth, date of hire, claimed citizenship status, acceptable form I–9 document type, acceptable form I–9 Document expiration date, and passport, passport card, or visa photo.
• Information collected about the employer, including: Company name, physical address, employer identification number, North American Industry Classification System code, Federal contracting agency, Federal contract identifier, number of employees, number of sites, parent company or corporate company, name of contact(s), phone number, fax number, and e-mail address.
• Information collected about the employer user (e.g., identifying users of the system at the employers), including: name, phone number, fax number, e-mail address, and user ID.
• System-generated response information, resulting from the E-Verify employment eligibility verification process, including: Case verification number; VIS generated response: employment authorized, tentative non-confirmation, case in continuance, final non-confirmation, employment unauthorized, or DHS No Show; disposition data from the employer includes resolved unauthorized/terminated, self terminated, invalid query, employee not terminated, resolved authorized, and request additional verification, which includes why additional verification is requested by the employer user.
• Information collected directly from individuals who have been the victim of identity theft who wish to prevent or deter further use of stolen identities in E-Verify, including: Police reports, name, Social Security Number, street address, e-mail address, and other identity authentication information relevant to preventing or deterring further use of stolen identities.
F. Inclusive Dates of the Matching Program
The matching program will become effective 30 days after publication of this notice in the Federal Register. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
Dated: May 27, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, U.S. Department of Homeland Security.
[74 FR 26715, June 3, 2009]
[TOP]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS–2009–0011]
Privacy Act of 1974, as Amended; Computer Matching Program (Department of Homeland Security United States Citizenship and Immigration Services (DHS/USCIS)-New York Department of Labor (NY–DOL))
AGENCY:
United States Citizenship and Immigration Services, DHS.
ACTION:
Notice of the renewal of an existing computer matching program, which is scheduled to expire on July 6, 2009.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of a computer matching program that Department of Homeland Security United States Citizenship and Immigration Services (DHS/USCIS) is currently conducting with New York Department of Labor (NY–DOL).
DATES:
The matching program will become effective 30 days after publication of this notice in the Federal Register. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (703) 483–2999 or writing to the Privacy Office, Department of Homeland Security, Washington, DC 20528. All comments received will be available for public inspection at this address.
FOR FURTHER INFORMATION CONTACT:
For general questions please contact Donald Hawkins (202–272–8000), USCIS Privacy Officer, 20 Massachusetts Avenue, NW., Washington, DC 20529. For privacy issues please contact: Mary Ellen Callahan (703–235–0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. DHS Computer Matches Subject to the Privacy Act
DHS/USCIS has taken action to ensure that all of DHS's computer matching programs comply with the requirements of the Privacy Act, as amended.
C. Purpose of the Matching Program
The purpose of this agreement is to provide the NY–DOL with electronic access to immigration status information contained within DHS/USCIS' Verification Information System (VIS). This access will enable the NY–DOL to determine whether an applicant is eligible for benefits under the Unemployment Compensation (UC) program administered by NY–DOL.
D. Authority for Conducting the Matching Program
NY–DOL seeks access to the information contained in the DHS–USCIS VIS database to execute its obligations under Section 1137 of the Social Security Act (42 U.S.C. 1320b–7(a), et seq.) and New York Unemployment Insurance Law Article 18, Title 7, section 590.
USCIS maintains the VIS database pursuant to Section 121 of the Immigration Reform and Control Act (IRCA) of 1986, Public Law 99–603, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Laws 104–193 Stat. 2168 (1996). These statutes require USCIS to make VIS available to State agencies which administer related benefits.
E. Categories of Records and Individuals Covered by the Matching Program
The USCIS VIS System of Records Notice (SORN) details the records and individuals relevant to this agreement. The VIS SORN can be found at 73 FR 75445, December 11, 2008.
Categories of Individuals Covered
This system contains information on individuals, both U.S. citizens and non-U.S. citizens covered by provisions of the Immigration and Nationality Act of the United States including but not limited to individuals who have been lawfully admitted to the United States, individuals who have been granted U.S. citizenship and individuals who have applied for other immigration benefits pursuant to 8 U.S.C. 1103 et seq. In addition, it contains information on cohabitants and relatives of subjects of SAVE background investigations conducted for OPM. This system also contains information on individuals, both U.S. citizens and non-U.S. citizens, whose employers have submitted to the E-Verify program their identification information. This system also contains information on individuals, both U.S. citizens and non-U.S. citizens, who have been victims of identity theft and have chosen to lock their Social Security number from further use in the E-Verify program.
Categories of Records Covered
• Data originating from the USCIS Central Index System (CIS), including the following information about the individual who comes before USCIS: Alien Registration Number (A-Number), name (last, first, middle), date of birth, date entered United States (entry date), country of birth, class of admission code, File Control Office code, Social Security Number, Admission Number (I–94 Number), provision of law code cited for employment authorization, office code where the authorization was granted, date employment authorization decision issued, date employment authorization may begin (start date), date employment authorization expires (expiration date), and date employment authorization was denied (denial date).
• Data originating from the U.S. Customs and Border Protection Treasury Enforcement Communications System (TECS), including the following information about the individual: A-Number, name (last, first, middle), date alien's status was changed (status change date), date of birth, class of admission code, date admitted until, country of citizenship, port of entry, date entered United States (entry date), departure date, I–94 Number, visa number, and transaction link to passport photographs contained in TECS.
• Data originating from the Redesigned Naturalization Automated Casework System (RNACS). RNACS is a database that includes information from individuals who have filed applications for naturalization, citizenship, or to replace naturalization certificates under the Immigration and Nationality Act, as amended, and/or who have submitted fee payments with such applications. The naturalization records in the RNACS database house information from 1986 to 1996. Information that identifies individuals named above, e.g., name, address, date of birth, and alien registration number (A-Number). Records in the system may also include information such as Date documents were filed or received in CIS, Status, class of admission codes, and locations of record.
• Data originating from the Computer Linked Applications Information Management System (CLAIMS 4) including the following information about the individual: Name (first, last), date of birth, Social Security Number, and naturalization date.
• Data originating from the USCIS Biometric Storage System (BSS), including: receipt number, name (last, first, middle), date of birth, country of birth, A-Number, form number (for example Form I–551, Lawful Permanent Resident card, or Form I–766, Employment Authorization Document), expiration date, and photo.
• Data originating from the USCIS Computer Linked Application Information Management System (CLAIMS 3), including: receipt number, name (last, first, middle), date of birth, country of birth, class of admission code, A-Number, I–94 number, date entered United States (entry date), and `valid-to' date.
• Data originating from the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Information System (SEVIS), including: SEVIS Identification Number (SEVIS ID), name (last, first, middle), date of birth, country of birth, class of admission code, I–94 number, date entered United States (entry date), and `valid-to' date.
• Data originating from the Social Security Administration (SSA), including: Confirmation of employment eligibility based on SSA records, tentative non-confirmation of employment eligibility and the underlying justification for this decision, and Final non-confirmation of employment eligibility.
• Information collected from the benefit applicant by a Federal, State, local or other benefit-issuing agency to facilitate immigration status verification that may include the following about the benefit applicant: Receipt Number, A-Number, I–94 Number, name (last, first, middle), date of birth, user case number, DHS document type, DHS document expiration date, SEVIS ID and visa number.
• Information collected from the benefit-issuing agency about users accessing the system to facilitate immigration status verification that may include the following about the agency: agency name, address, point(s) of contact, contact telephone number, fax number, e-mail address, type of benefit(s) the agency issues (i.e. unemployment insurance, educational assistance, driver licensing, etc.).
• Information collected from the benefit-issuing agency about the individual agency user including: name (last, first, middle), phone number, fax number, e-mail address, user ID for users within the agency.
• System-generated response, as a result of the SAVE verification process including: case verification number, entire record in VIS database as outlined above, including all information from CIS, SEVIS, TECS, and CLAIMS 3 and with the exception of the biometric information (photo) from BSS, and immigration status (e.g., Lawful Permanent Resident).
• Information collected from the employee by the employer user to facilitate employment eligibility verification may include the following about the Individual employee: receipt number, visa number, United States or foreign passport number, passport card number, A-Number, I–94 Number, name (last, first, middle initial, maiden), Social Security Number, date of birth, date of hire, claimed citizenship status, acceptable form I–9 document type, acceptable form I–9 Document expiration date, and passport, passport card, or visa photo.
• Information collected about the employer, including: company name, physical address, employer identification number, North American Industry Classification System code, Federal contracting agency, Federal contract identifier, number of employees, number of sites, parent company or corporate company, name of contact(s), phone number, fax number, and e-mail address.
• Information collected about the employer user (e.g., identifying users of the system at the employers), including: Name, phone number, fax number, e-mail address, and user ID.
• System-generated response information, resulting from the E-Verify employment eligibility verification process, including: Case verification number; VIS generated response: Employment authorized, tentative non-confirmation, case in continuance, final non-confirmation, employment unauthorized, or DHS No Show; disposition data from the employer includes resolved unauthorized/terminated, self terminated, invalid query, employee not terminated, resolved authorized, and request additional verification, which includes why additional verification is requested by the employer user.
• Information collected directly from individuals who have been the victim of identity theft who wish to prevent or deter further use of stolen identities in E-Verify, including: police reports, name, Social Security Number, street address, e-mail address, and other identity authentication information relevant to preventing or deterring further use of stolen identities.
F. Inclusive Dates of the Matching Program
The matching program will become effective 30 days after publication of this notice in the Federal Register. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
Dated: May 27, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, U.S. Department of Homeland Security.
[74 FR 26717, June 3, 2009]
[TOP]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS–2009–0010]
Privacy Act of 1974, as Amended; Computer Matching Program (Department of Homeland Security United States Citizenship and Immigration Services (DHS/USCIS)-Massachusetts Division of Unemployment Assistance (MA–DUA))
AGENCY:
United States Citizenship and Immigration Services, DHS.
ACTION:
Notice of the renewal of an existing computer matching program, which is scheduled to expire on July 6, 2009.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of a computer matching program that Department of Homeland Security United States Citizenship and Immigration Services (DHS/USCIS) is currently conducting with MA–DUA.
DATES:
The matching program will become effective 30 days after publication of this notice in the Federal Register. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (703) 483–2999 or writing to the Privacy Office, Department of Homeland Security, Washington, DC 20528. All comments received will be available for public inspection at this address.
FOR FURTHER INFORMATION CONTACT:
For general questions please contact Donald Hawkins (202–272–8000), USCIS Privacy Officer, 20 Massachusetts Avenue, NW., Washington, DC 20529. For privacy issues please contact: Mary Ellen Callahan (703–235–0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
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 individuals applying for, and receiving, Federal benefits. Section 7201of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101–508) further amended the Privacy Act regarding protections for such individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. DHS Computer Matches Subject to the Privacy Act
DHS/USCIS has taken action to ensure that all of DHS's computer matching programs comply with the requirements of the Privacy Act, as amended.
C. Purpose of the Matching Program
The purpose of this Agreement is to provide the MA–DUA with electronic access to immigration status information contained within DHS/USCIS' Verification Information System (VIS). This access will enable the MA–DUA to determine whether an applicant is eligible for benefits under the Unemployment Compensation (UC) program administered by MA–DUA.
D. Authority for Conducting the Matching Program
MA–DUA seeks access to the information contained in the DHS–USCIS VIS database to execute its obligations under Section 1137 of the Social Security Act (42 U.S.C. 1320b–7(a), et seq.) and Mass. Gen. Laws ch.151A section 25(h).
USCIS maintains the VIS database pursuant to Section 121 of the Immigration Reform and Control Act (IRCA) of 1986, Public Law 99–603, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Laws 104–193 Stat. 2168 (1996). These statutes require USCIS to make VIS available to State agencies which administer related benefits.
E. Categories of Records and Individuals Covered by the Matching Program
The USCIS VIS System of Records Notice (SORN) details the records and individuals relevant to this agreement. The VIS SORN can be found at 73 FR 75445, December 11, 2008.
Categories of Individuals Covered
This system contains information on individuals, both U.S. citizens and non-U.S. citizens covered by provisions of the Immigration and Nationality Act of the United States including but not limited to individuals who have been lawfully admitted to the United States, individuals who have been granted U.S. citizenship and individuals who have applied for other immigration benefits pursuant to 8 U.S.C. 1103 et seq. In addition, it contains information on cohabitants and relatives of subjects of SAVE background investigations conducted for OPM. This system also contains information on individuals, both U.S. citizens and non-U.S. citizens, whose employers have submitted to the E-Verify program their identification information. This system also contains information on individuals, both U.S. citizens and non-U.S. citizens, who have been victims of identity theft and have chosen to lock their Social Security number from further use in the E-Verify program.
Categories of Records Covered
• Data originating from the USCIS Central Index System (CIS), including the following information about the individual who comes before USCIS: Alien Registration Number (A-Number), name (last, first, middle), date of birth, date entered United States (entry date), country of birth, class of admission code, File Control Office code, Social Security Number, Admission Number (I–94 Number), provision of law code cited for employment authorization, office code where the authorization was granted, date employment authorization decision issued, date employment authorization may begin (start date), date employment authorization expires (expiration date), and date employment authorization was denied (denial date).
• Data originating from the U.S. Customs and Border Protection Treasury Enforcement Communications System (TECS), including the following information about the individual: A-Number, name (last, first, middle), date alien's status was changed (status change date), date of birth, class of admission code, date admitted until, country of citizenship, port of entry, date entered United States (entry date), departure date, I–94 Number, visa number, and transaction link to passport photographs contained in TECS.
• Data originating from the Redesigned Naturalization Automated Casework System (RNACS). RNACS is a database that includes information from individuals who have filed applications for naturalization, citizenship, or to replace naturalization certificates under the Immigration and Nationality Act, as amended, and/or who have submitted fee payments with such applications. The naturalization records in the RNACS database house information from 1986 to 1996. Information that identifies individuals named above, e.g., name, address, date of birth, and alien registration number (A-Number). Records in the system may also include information such as Date documents were filed or received in CIS, Status, class of admission codes, and locations of record.
• Data originating from the Computer Linked Applications Information Management System (CLAIMS 4) including the following information about the individual: name (first, last), date of birth, Social Security Number, and naturalization date.
• Data originating from the USCIS Biometric Storage System (BSS), including: Receipt number, name (last, first, middle), date of birth, country of birth, A-Number, form number (for example Form I–551, Lawful Permanent Resident card, or Form I–766, Employment Authorization Document), expiration date, and photo.
• Data originating from the USCIS Computer Linked Application Information Management System (CLAIMS 3), including: Receipt number, name (last, first, middle), date of birth, country of birth, class of admission code, A-Number, I–94 number, date entered United States (entry date), and “valid-to” date.
• Data originating from the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Information System (SEVIS), including: SEVIS Identification Number (SEVIS ID), name (last, first, middle), date of birth, country of birth, class of admission code, I–94 number, date entered United States (entry date), and “valid-to” date.
• Data originating from the Social Security Administration (SSA), including: Confirmation of employment eligibility based on SSA records, tentative non-confirmation of employment eligibility and the underlying justification for this decision, and Final non-confirmation of employment eligibility.
• Information collected from the benefit applicant by a Federal, State, local or other benefit-issuing agency to facilitate immigration status verification that may include the following about the benefit applicant: Receipt Number, A-Number, I–94 Number, name (last, first, middle), date of birth, user case number, DHS document type, DHS document expiration date, SEVIS ID and visa number.
• Information collected from the benefit-issuing agency about users accessing the system to facilitate immigration status verification that may include the following about the agency: Agency name, address, point(s) of contact, contact telephone number, fax number, e-mail address, type of benefit(s) the agency issues (i.e. unemployment insurance, educational assistance, driver licensing, etc.).
• Information collected from the benefit-issuing agency about the individual agency user including: Name (last, first, middle), phone number, fax number, e-mail address, user ID for users within the agency.
• System-generated response, as a result of the SAVE verification process including: Case verification number, entire record in VIS database as outlined above, including all information from CIS, SEVIS, TECS, and CLAIMS 3 and with the exception of the biometric information (photo) from BSS, and immigration status (e.g., Lawful Permanent Resident).
• Information collected from the employee by the employer user to facilitate employment eligibility verification may include the following about the Individual employee: Receipt number, visa number, United States or foreign passport number, passport card number, A-Number, I–94 Number, name (last, first, middle initial, maiden), Social Security Number, date of birth, date of hire, claimed citizenship status, acceptable form I–9 document type, acceptable form I–9 Document expiration date, and passport, passport card, or visa photo.
• Information collected about the employer, including: Company name, physical address, employer identification number, North American Industry Classification System code, Federal contracting agency, Federal contract identifier, number of employees, number of sites, parent company or corporate company, name of contact(s), phone number, fax number, and e-mail address.
• Information collected about the employer user (e.g., identifying users of the system at the employers), including: Name, phone number, fax number, e-mail address, and user ID.
• System-generated response information, resulting from the E-Verify employment eligibility verification process, including: Case verification number; VIS generated response: Employment authorized, tentative non-confirmation, case in continuance, final non-confirmation, employment unauthorized, or DHS No Show; disposition data from the employer includes resolved unauthorized/terminated, self terminated, invalid query, employee not terminated, resolved authorized, and request additional verification, which includes why additional verification is requested by the employer user.
• Information collected directly from individuals who have been the victim of identity theft who wish to prevent or deter further use of stolen identities in E-Verify, including: Police reports, name, Social Security Number, street address, e-mail address, and other identity authentication information relevant to preventing or deterring further use of stolen identities.
F. Inclusive Dates of the Matching Program
The matching program will become effective 30 days after publication of this notice in the Federal Register. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
Dated: May 27, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, U.S. Department of Homeland Security.
[74 FR 26719, June 3, 2009]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5130–N–20]
Privacy Act of 1974; Notice of a Computer Matching Program Between the U.S. Department of Housing and Urban Development (HUD) and the U.S. Small Business Administration (SBA)
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a Computer Matching Program between HUD and the SBA.
SUMMARY:
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988, as amended, (Pub. L. 100–503), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989)), and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management (OMB), Congress and the Public,” HUD is issuing a public notice of its intent to conduct a recurring computer matching program with the SBA to utilize a computer information system of HUD, the Credit Alert Interactive Voice Response System (CAIVRS), with SBA's debtor files. HUD has revised the “records to be matched” section of this notice to reflect the new HUD Privacy Act Systems of Records involved in the matching program. This update does not change the authority and the objectives of the existing HUD and SBA matching program.
DATES:
Effective Date: The effective date of the matching program shall begin March 3, 2008 or at least 40 days from the date copies of the signed (by HUD and SBA's Data Integrity Boards (DIBs) computer matching agreement are sent to the Office of Management and Budget (OMB) and Congress, whichever is later, providing no comments are received which would result in a contrary determination.
Comments Due Date: March 3, 2008.
ADDRESSES:
Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410. Communications should refer to the above docket number and title. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
Contact the “Recipient Agency” Departmental Privacy Act Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4156, Washington, DC 20410, telephone number (202) 619–9057 or the “Source Agency” Chief Portfolio Management Division, Small Business Administration, 409 Third Street, SW., Suite 8300, Washington, DC 20416, telephone number (202) 205–7543. [These are not toll-free numbers.] A telecommunication device for hearing- and speech-impaired individuals (TTY) is available at (800) 877–8339 (Federal Information Relay Service).
SUPPLEMENTARY INFORMATION:
HUD's CAIVRS database includes delinquent debt information from the Departments of Education, Veterans Affairs, Justice and the United States Department of Agriculture. This match will allow prescreening of applicants for debts owed to or loans guaranteed by the Federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the Federal government for HUD or SBA direct or guaranteed loans.
Before rating a loan, the lending agency and/or the authorized lending institution will be able to interrogate the CAIVRS debtor file which contains the Social Security Numbers (SSNs) of HUD's delinquent debtors and defaulters and defaulted debtor records of the SBA and verify that the loan applicant is not in default or delinquent on direct or guaranteed loans of participating federal programs of either agency. As a result of the information produced by this match, the authorized users may not deny, terminate, or make a final decision concerning any loan assistance to an applicant or take other adverse action against such applicant, until an officer or employee of such agency has independently verified such information.
Reporting of Matching Program
In accordance with Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, as amended, and Office of Management and Budget Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” copies of this notice and report are being provided to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Office of Management and Budget.
Authority
The matching program will be conducted pursuant to Public Law 100–503, “The Computer Matching and Privacy Protection Act of 1988,” as amended, and Office of Management and Budget (OMB) Circular A–129 (Revised November 2000), Policies for Federal Credit Programs and Non-Tax Receivables. One of the purposes of all Executive departments and agencies—including HUD—is to implement efficient management practices for Federal credit programs. OMB Circular A–129 was issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Act of 1950, as amended; the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996; Section 2653 of Public Law 98–369; the Federal Credit Reform Act of 1990, as amended; the Federal Debt Collection Procedures Act of 1990, the Chief Financial Officers Act of 1990, as amended; Executive Order 8248; the Cash Management Improvement Act Amendments of 1992; and pre-existing common law authority to charge interest on debts and to offset payments to collect debts administratively.
Objectives To Be Met by the Matching Program
The matching program will allow SBA access to a system which permits prescreening of applicants for loans owed to or guaranteed by the Federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the Government. In addition, HUD will be provided access to SBA debtor data for prescreening purposes.
Records To Be Matched
HUD will use records from its systems of records entitled, Single Family Insurance System CLAIMS Subsystem (HUD/SFH–02); Single Family Default Monitoring System (HUD/SFH–03); Single Family Mortgage Notes (HUD/HS–57); and the Debt Collection Asset Management System (HUD/HS–55). The debtor files for programs involved are included in these systems of records. HUD's debtor files contain information on borrowers and co-borrowers who are currently in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been repaid in full); or who have any outstanding claims paid during the last three years on a Title II insured or guaranteed home mortgage loans; or individuals who had a claim paid in the last three years on a Title I loan.
The SBA will provide HUD with debtor files contained in its system of records entitled, Loan Case File, SBA 075. HUD is maintaining SBA's records only as a ministerial action on behalf of SBA, not as a part of HUD's system of records noted above. SBA's data contain information on individuals who have defaulted on their guaranteed loans. The SBA will retain ownership and responsibility for their system of records that they place with HUD. HUD serves only as a record location and routine use recipient for SBA's data.
Notice Procedures
HUD and the SBA will notify individuals at the time of application (ensuring that “routine use” appears on the application form) for guaranteed or direct loans that their records will be matched to determine whether they are delinquent or in default on a Federal debt. HUD and the SBA will also publish notices concerning routine use disclosures in the Federal Register to inform individuals that a computer match may be performed to determine a loan applicant's credit status with the Federal government.
Categories of Records/Individuals Involved
The debtor records include these data elements: SSN, claim number, program code, and indication of indebtedness. Categories of records include: Records of claims and defaults, repayment agreements, credit reports, financial statements, and records of foreclosures. Categories of individuals include: HUD records cover former mortgagors and purchasers of HUD-owned properties, and home improvement loan debtors who are delinquent or in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been paid in full); or who have any outstanding claims paid during the last three years on a Title II insured or guaranteed home mortgage loans; or individuals who has a claim paid in the last three years on a Title I loan. SBA records cover former borrowers and purchasers who have defaulted on business loans (including disaster business) loan/guarantors that have received 60-day notification letters that their obligations may be referred to Treasury for offset or cross-servicing.
Period of the Match
Matching is expected to begin at least 40 days from the date copies of the signed (by HUD and SBA's DIBs) computer matching agreement are sent to Congress and OMB or at least 30 days from the date this notice is published in the Federal Register, whichever is later, providing no comments are received which would result in a contrary determination.
The matching program will be in effect and continue for 18 months with an option to renew for 12 additional months unless one of the parties to the agreement advises the other in writing to terminate or modify the agreement.
Dated: January 18, 2008.
Stanley Buch,
Acting Deputy Chief Information Officer.
[73 FR 6198, February 1, 2008]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5130–N–19]
Privacy Act of 1974; Notice of Matching Program Between the Department of Housing and Urban Development (HUD) and the Department of Health and Human Services (HHS): Matching Tenant Data in Assisted Housing Programs
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a recurring computer matching program between HUD and HHS.
SUMMARY:
Pursuant to the Computer Matching and Privacy Protection Act of 1988, as amended, HUD is providing notice of its intent to conduct a recurring computer matching program involving comparisons of information provided by participants in any authorized HUD rental housing assistance program under the independent sources of income information available through the National Directory of New Hires (NDNH) maintained by HHS. HUD previously conducted “two” separate matching programs with HHS. The first matching program was conducted between HHS and HUD's Public and Indian Housing (PIH) Program, which first began in September 2005. The second matching program was conducted between HHS and HUD's Office of Housing (Housing), Multifamily Housing Programs, which first began in December 2007. This notice supersedes the previous notices and combines the two existing matching programs into one. This update does not change the original scope of the existing matching program.
DATES:
Effective Date: Computer matching is expected to begin March 26, 2008, unless comments are received which result in a contrary determination, or 40 days from the date a computer matching agreement is signed, whichever is later.
Comments Due Date: March 26, 2008.
ADDRESSES:
Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410–0500. Communications should refer to the above docket number and title. Facsimile (FAX) comments are not acceptable. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
For Privacy Act: Office of the Chief Information Officer, contact the Departmental Privacy Act Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4156, Washington, DC 20410, telephone number (202) 402–8094. For program information: Office of Public and Indian Housing, contact Nicole Faison, Director of the Office of Public Housing Programs, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4226, Washington, DC 20410, telephone number (202) 708–0744; and for the Office of Housing, contact Gail Williamson, Director of the Housing Assistance Policy Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6138, Washington, DC 20410, telephone number (202) 402–2473. (These are not toll-free numbers.) A telecommunications device for hearing- and speech-impaired individuals (TTY) is available at (800) 877–8339 (Federal Information Relay Service).
SUPPLEMENTARY INFORMATION:
The matching program will be carried out only to the extent necessary to: (1) Verify the employment and income of individuals participating in PIH and Multifamily Housing Programs to correctly determine the amount of their rent and assistance, and (2) After removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals participating in HUD's rental housing assistance programs. HUD will make the results of the computer matching program available to public housing agencies (PHAs), private housing owners and management agents (O/As) administering HUD rental assistance programs to enable them to verify employment and income and correctly determine the rent and assistance levels for individuals participating in those programs, and contract administrators (CAs) overseeing and monitoring O/A operations. This information also may be disclosed to the HUD Inspector General (HUD/IG) and the Attorney General in detecting and investigating potential cases of fraud, waste, and abuse of the above named programs. HUD and its third party administrators (PHAs, O/As, and CAs) will use this matching authority to reduce or eliminate improper assistance payments in HUD's rental housing assistance programs.
The Computer Matching and Privacy Protection Act (CMPPA) of 1988, an amendment to the Privacy Act of 1974 (5 U.S.C. Sec. 552a), OMB's guidance on this statute entitled “Final Guidance Interpreting the Provisions of Public Law 100–503,” and OMB Circular No. A–130 requires publication of notices of computer matching programs. Appendix I to OMB's Revision of Circular No. A–130, “Transmittal Memorandum No. 4, Management of Federal Information Resources,” prescribes Federal agency responsibilities for maintaining records about individuals. In accordance with the CMPPA and Appendix I to OMB Circular No. A–130, copies of this notice are being provided to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and OMB's Office of Information and Regulatory Affairs.
I. Authority
This matching program is being conducted pursuant to sections 3003 and 13403 of the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103–66, approved August 10, 1993); section 542(b) of the 1998 Appropriations Act (Pub. L. 105–65); section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544); section 165 of the Housing and Community Development Act of 1987 (42 U.S.C. 3543); the National Housing Act (12 U.S.C. 1701–1750g); the United States Housing Act of 1937 (42 U.S.C. 1437–1437z); section 101 of the Housing and Community Development Act of 1965 (12 U.S.C. 1701s); the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 1437a(f)). The Housing and Community Development Act of 1987 authorizes HUD to require applicants and participants in HUD-administered programs involving rental housing assistance to disclose to HUD their social security numbers (SSNs) as a condition of initial or continuing eligibility for participation in the programs.
Section 217 of the Consolidated Appropriations Act of 2004 (Pub. L. 108–199, approved January 23, 2004) authorizes HUD to provide to HHS information on persons participating in any programs authorized by:
(i) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
(ii) Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
(iii) Section 221(d)(3), 221(d)(5) or 236 of the National Housing Act (12 U.S.C. 17151(d) and 1715z–1);
(iv) Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or
(v) Section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s).
HHS shall then compare this information provided by HUD with data contained in the National Directory of New Hires and report the results of the data match to HUD. The Act gives HUD the authority to disclose this information to O/As and PHAs for the purpose of verifying the employment and income of individuals receiving benefits in the above programs and CAs for oversight and monitoring purposes. HUD shall not seek, use or disclose information relating to an individual without the prior written consent of that individual, and HUD has the authority to require consent as a condition of participating in these programs.
HHS' disclosure of data from the National Directory of New Hires is authorized by section 217 of the Consolidated Appropriations Act of 2004 (Pub. L. 108–199). The disclosures from the HHS system of records, “Location and Collection System of Records,” No. 09–90–0074, will be made pursuant to routine use (17) identified in the Federal Register published on June 3, 2004 at 69 FR 31399. This routine use authorizes HHS to “disclose to the Department of Housing and Urban Development information in the NDNH portion of this system for purposes of verifying employment and income of individuals participating in specified programs and, after removal of personal identifiers, to conduct analyses of the employment and income reporting of these individuals.”
II. Objectives To Be Met by the Matching Program
HUD's primary objective in continuing the existing computer matching program is to verify the employment and income of individuals participating in the housing programs identified in paragraph I above to determine the appropriate level of rental assistance, and to deter and correct abuse in rental housing assistance programs. In meeting these objectives HUD also is carrying out a responsibility under 42 U.S.C. 1437f(K) to ensure that income data provided to PHAs and O/As by household members is complete and accurate. HUD's various rental housing assistance programs require that participants meet certain income and other criteria to be eligible for rental assistance. In addition, tenants generally are required to report and recertify the amounts and sources of their income at least annually. However, under the QHWRA of 1998, PHAs operating Public Housing programs may now offer tenants the option to pay a flat rent, or an income-based rent. Those tenants who select a flat rent will be required to recertify income at least every three years. In addition, the changes to the Admissions and Occupancy final rule (March 29, 2000 (65 FR 16692)) specified that household composition must be recertified annually for tenants who select a flat rent or income-based rent.
Tribes and Tribally Designated Housing Entities (TDHEs) set admission and eligibility requirements pursuant to the requirements contained in the Native American Housing Assistance and Self Determination Act of 1996. They are not required to provide tenant data to the Department. Therefore, their participation in the computer matching program is discretionary.
III. Program Description
In this computer matching program, tenant-provided information included in HUD's automated systems of records known as Tenant Rental Assistance Certification System (TRACS) (HUD/H–11), Public and Indian Housing Information Center (PIC) (HUD/PIH–4), and Enterprise Income Verification (EIV) (HUD/PIH–5) will be compared to data from the NDNH database. The notices for these systems were published at 65 FR 52777, 67 FR 20986, and 70 FR 41780 which was subsequently amended and published at 72 FR 17589 respectively. HUD will disclose to HHS only tenant personal identifiers, i.e., full name, Social Security Number, and date of birth. HHS will match the HUD-provided personal identifiers to personal identifiers included in their systems of records known as “Location and Collection System of Records,” No. 09–90–0074. HHS will provide income data to HUD only for individuals with matching personal identifiers.
A. Income Verification
Any disparity between tenant-reported income and/or sources and the income and sources derived from the match (i.e., a “hit”) will be further reviewed by HUD, the program administrator, or the HUD Office of Inspector General (OIG) to determine whether the income reported by tenants to the program administrator is correct and complies with HUD and program administrator requirements. Specifically, current or prior wage information and other data will be sought directly from employers and/or tenants.
B. Administrative or Legal Actions
Regarding the matching described in this notice, HUD anticipates that program administrators will take appropriate action in consultation with tenants to: (1) Resolve income disparities between tenant-reported and independent income source data, and (2) Use correct income amounts in determining housing rental assistance.
Program administrators must compute the rent in full compliance with all applicable occupancy regulations. Program administrators must ensure that they use the correct income and correctly compute the rent. The program administrator may not suspend, terminate, reduce, or make a final denial of any housing assistance to any tenant as the result of information produced by this matching program until: (a) The tenant has received notice of the program administrator's findings, and the tenant has been informed of the opportunity to contest such findings and (b) the expiration of any notice period provided by statute or applicable HUD program requirements. In all cases, program administrators will resolve income discrepancies in consultation with tenants. Additionally, serious violations, which program administrators, HUD Program staff, or HUD/IG verify, should be referred for full investigation and appropriate civil and/or criminal proceedings.
IV. Records To Be Matched
HHS will conduct the matching of tenant SSNs, full names, and dates of births (DOBs) to tenant data HUD supplies from its Tenant Rental Assistance Certification System (TRACS) (HUD/H–11) and Public and Indian Housing Information Center (PIC) system (HUD/PIH–4). Program administrators utilize the form HUD–50058 module within the PIC system and the form HUD–50059 module within the TRACS to provide HUD with the tenant data.
HHS will match the tenant records included in HUD/H–11 and HUD/PIH–4 to NDNH records contained in HHS' “Location and Collection System of Records,” No. 09–90–0074. HUD will place the resulting matched data into its Enterprise Income Verification (EIV) system (HUD/PIH–5). The notice for this system was published at 72 FR 17589. Routine uses of records maintained in the system, including categories of users and purposes of such uses was published in that Notice.
V. Period of the Match
The computer matching program will be conducted according to agreements between HUD and HHS. The computer matching agreement for the planned match will terminate either when the purpose of the computer matching program is accomplished, or 18 months from the date the agreement is signed, whichever comes first. The agreements may be extended for one 12-month period, with the mutual agreement of all involved parties, if the following conditions are met:
(1) Within three months of the expiration date, all Data Integrity Boards (DIBs) review the agreement, find that the program will be conducted without change, and find a continued favorable examination of benefit/cost results; and (2) All parties certify that the program has been conducted in compliance with the agreement.
The agreement may be terminated, prior to accomplishment of the computer matching purpose or 18 months from the date the agreement is signed (whichever comes first), by the mutual agreement of all involved parties within 30 days of written notice.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d)
Dated: February 19, 2008.
Mike Milazzo,
Acting Chief Information Officer.
[73 FR 10046, February 25, 2008]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5130–N–24]
Privacy Act of 1974; Notice of a Computer Matching Program Between the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Veterans Affairs (VA)
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a Computer Matching Program between HUD and VA.
SUMMARY:
In accordance with 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), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989); and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” HUD is issuing a public notice of its intent to conduct a recurring computer matching program with VA to utilize a computer information system of HUD, the Credit Alert Interactive Voice Response System (CAIVRS), with VA's debtor files.
DATES:
Effective Date: Computer matching is expected to begin on June 30, 2008, or at least 40 days from the date copies of the signed (by both agencies' Data Integrity Boards (DIBs)) computer matching agreement are sent to the Office of Management and Budget (OMB) and Congress, whichever is later unless comments are received, which will result in a contrary determination.
Comments Due Date: June 30, 2008.
ADDRESSES:
Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410. Communications should refer to the above docket number and title. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.
For Further Information From Recipient Agency Contact: Donna Robinson-Staton, Departmental Privacy Act Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 2256, Washington, DC 20410, telephone number (202) 402–8073. [This is not a toll-free number.] A telecommunication device for hearing- and speech-impaired individuals (TTY) is available at 1–800–877–8339 (Federal Information Relay Service).
For Further Information From Source Agency Contact: Jorgeana Williams, Debt Management Center, Department of Veterans Affairs, Bishop Henry Whipple Federal Building, Room 156E, 1 Federal Drive, Ft. Snelling, MN 55111–4050, telephone number (612) 970–5703. [This is not a toll-free number.]
Reporting: In accordance with Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, as amended, and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” copies of this Notice and report are being provided to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Office of Management and Budget.
Authority: HUD has authority to collect and review mortgage data pursuant to the National Housing Act, as amended, 12 U.S.C. 1701 et seq., and related laws. The VA is authorized, pursuant to 38 U.S.C. 3710, to determine that any veteran who obtains a VA-guaranteed home loan poses a satisfactory credit risk. This computer matching will be conducted pursuant to Public Law 100–503, “The Computer Matching and Privacy Protection Act of 1988,” as amended, and the Office of Management and Budget (OMB) Circulars A–129 (Managing Federal Credit Programs). OMB Circular A–129 was issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Act of 1950, as amended; the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996; Section 2653 of Public Law 98–369; the Federal Credit Reform Act of 1990, as amended; the Federal Debt Collection Procedures Act of 1990, the Chief Financial Officers Act of 1990, as amended; Executive Order 8248; the Cash Management Improvement Act Amendments of 1992; and pre-existing common law authority to charge interest on debts and to offset payments to collect debts administratively.
Objectives to be Met by the Matching Program: HUD's primary objective for continuing the matching program is to permit prescreening of applicants for Federal Credit Programs, to ensure that applicants are not delinquent on a Federal loan or have defaulted on a direct or guaranteed loan. HUD will be provided access to VA's debtor data for prescreening purposes.
In this computer matching program, each month HUD/CAIVRS receives limited information on borrowers who have defaulted on loans administered by participating federal agencies. This information includes: Social Security Number (SSN) or Employer Identification Number (EIN), case number, Federal Agency identifying code, and record type. Participating agencies also provide HUD with a file containing authorized lenders/business partners. When federal agency personnel or authorized lenders access CAIVRS, they must enter a user authorization code followed by either an SSN or EIN (for businesses and non-profits). Only the following information is returned/displayed:
• Yes/No as to whether the holder of that SSN/EIN is in default on a Federal loan; and
• If Yes, then CAIVRS provides to the lender:
• Loan case number;
• Record type (claim, default, foreclosure, or judgment);
• Agency administering the loan program; and
• Phone # at that agency (to call to clear up the default)
• Confirmation Code associated with the query
By law, processing of applications for Federal Credit benefits (such as government-insured loans) must be suspended when applicants are delinquent on Federal debt. Processing may continue only when the debtor satisfactorily resolves the debt (e.g., pays in full or renegotiates a new payment plan). To remove a CAIVRS sanction, the borrower must use the information provided to contact the agency that reported their SSN or EIN to HUD/CAIVRS.
Records to be Matched: HUD will use records from its systems of records entitled, HUD/SFH–01, Single Family Default Monitoring System; HUD/SFH–02, Single Family Insurance System CLAIMS Subsystem; HUD/HS–55, Debt Collection Asset Management System; and HUD/HS–57, Single Family Mortgage Notes. The debtor files for programs involved are included in these systems of records. HUD's debtor files contain information on borrowers and co-borrowers who are currently in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been repaid in full); or who have any outstanding claims paid during the last three years on a Title II insured or guaranteed home mortgage loans; or individuals who had a claim paid in the last three years on a Title I loan.
The VA will provide HUD with debtor files contained in its system of records entitled SS–VA26, Loan Guaranty Systems of Records. Central Accounts Receivable On Line System is a subsidiary of SS–VA26. HUD is maintaining VA's records only as a ministerial action on behalf of VA, not as a part of HUD's systems of records. VA's data contain information on individuals who have defaulted on their guaranteed loans. The VA will retain ownership and responsibility for their systems of records that they place with HUD. HUD serves only as a record location and routine use recipient for VA's data.
Notice Procedures: HUD and the VA will notify individuals at the time of application (ensuring that routine use appears on the application form) for guaranteed or direct loans that their records will be matched to determine whether they are delinquent or in default on a Federal debt. HUD and the VA will also publish notices concerning routine use disclosures in the Federal Register to inform individuals that a computer match may be performed to determine a loan applicant's credit status with the federal government.
Categories of Records/Individuals Involved: The debtor records include these data elements from HUD's systems of records, SSN, claim number, program code, and indication of indebtedness. Categories of records include: Records of claims and defaults, repayment agreements, credit Reports, financial statements, and records of foreclosures. Categories of individuals include: Former mortgagors and purchasers of HUD-owned properties, home improvement loan debtors who are delinquent or in default (at least 90-days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and has not been paid in full); or who have any outstanding claims paid during the last three years on a title II insured or guaranteed home mortgage loans, or individual who has claim paid in the last three years on a Title I loan.
Period of the Match: Matching will begin at least 40 days from the date copies of the signed (by both agencies DIBS) computer matching agreements are sent to both Houses of Congress or at least 30 days from the date this Notice is published in the Federal Register, whichever is later, providing no comments are received which would result in a contrary determination. The matching program will be in effect and continue for 18 months with an option to renew for 12 additional months unless one of the parties to the agreement advises the other in writing to terminate or modify the agreement.
Dated: May 22, 2008.
Joseph M. Milazzo,
Acting Chief Information Officer.
[73 FR 31138, May 30, 2008]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5130–N–25]
Privacy Act of 1974; Notice of a Computer Matching Program Between the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Education (ED)
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a Computer Matching Program between HUD and ED.
SUMMARY:
In accordance with 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), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989)); and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” HUD is issuing a public notice of its intent to conduct a recurring computer matching program with ED to utilize a computer information system of HUD, the Credit Alert Interactive Voice Response System (CAIVRS), with ED's debtor files. HUD has revised the “records to be matched” section of this notice to reflect the new HUD Privacy Act Systems of Records involved in the matching program. This update does not change the authority or objectives of the existing matching program.
DATES:
Effective Date: The effective date of the matching program shall July 18, 2008 or at least 40 days from the date copies of the signed (by both agencies Data Integrity Boards (DIBs)) computer matching agreement are sent to the Office of Management and Budget (OMB) and Congress, whichever is later, providing no comments are received which would result in a contrary determination.
Comments Due Date: July 18, 2008.
ADDRESSES:
Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, Room 10276, SW., Washington, DC 20410. Communications should refer to the above docket number and title. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
Contact the “Recipient Agency” Departmental Privacy Act Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 2256, Washington, DC 20410, telephone number (202) 402–8073 or the “Source Agency” Department of Education, Federal Student Aid/Borrower Services, 830 First Street, NE., Room 41B4–UCP, Washington, DC 20202, telephone number (202) 377–3212. [These are not toll-free numbers.] A telecommunication device for hearing- and speech-impaired individuals (TTY) is available at (800) 877–8339 (Federal Information Relay Service).
SUPPLEMENTARY INFORMATION:
HUD's CAIVRS database includes delinquent debt information from Education (ED), Veteran's Affairs (VA), Justice (DOJ), Small Business Administration (SBA), and the U.S. Department of Agriculture (USDA). This match will allow prescreening of applicants for debts owed to or loans guaranteed by the Federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the federal government for HUD or ED direct or guaranteed loans. Before granting a loan, the lending agency and/or the authorized lending institution will be able to interrogate the CAIVRS debtor file which contains the Social Security Numbers (SSNs) of HUD's delinquent debtors, defaulters and defaulted debtor records of ED to verify that the loan applicant is not in default or delinquent on a direct or guaranteed loan of the participating federal programs of either agency. As a result of the information produced by this match, the authorized users may not deny, terminate, or make a final decision concerning any loan assistance to an applicant or take other adverse action against such applicant, until an officer or employee of such agency has independently verified such information.
Reporting of Matching Program
In accordance with Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, as amended, and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” copies of this notice and report are being provided to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Office of Management and Budget.
Authority
HUD has authority to collect and review mortgage data pursuant to the National Housing Act, as amended, 12 U.S.C. 1701 et seq., and related laws. The Department of Education oversees and manages federal student aid programs pursuant to the Higher Education Act of 1965, as amended, 20 U.S.C. 1001 et seq. This computer matching will be conducted pursuant to Public Law 100–503, “The Computer Matching and Privacy Protection Act of 1988,” as amended, and Office of Management and Budget (OMB) Circulars A–129 (Managing Federal Credit Programs). One of the purposes of all Executive departments and agencies is to implement efficient management practices for Federal Credit Programs. OMB Circular A–129 was issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Act of 1950, as amended; the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996; Section 2653 of Public Law 98–369; the Federal Credit Reform Act of 1990, as amended; the Federal Debt Collection Procedures Act of 1990, the Chief Financial Officers Act of 1990, as amended; Executive Order 8248; the Cash Management Improvement Act Amendments of 1992; and pre-existing common law authority to charge interest on debts and to offset payments to collect debts administratively.
Objectives To Be Met by the Matching Program
HUD's primary purpose for continuing the existing matching program is to permit prescreening of applicants for Federal Credit benefits, to ensure that applicants are not delinquent on a Federal debt or have defaulted on a direct or guaranteed loan. As part of this process, HUD will be provided access to ED's debtor data for prescreening purposes.
In this computer matching program, each month HUD/CAIVRS receives limited information on borrowers who have defaulted on loans administered by participating Federal agencies. This information includes: Social Security Number (SSN) or Employer Identification Number (EIN), case number, Federal Agency identifying code, and record type. Participating agencies also provide HUD with a file containing authorized lenders/business partners. When federal agency personnel or authorized lenders access CAIVRS, they must enter a user authorization code followed by either an SSN or EIN (for businesses and non-profits). Only the following information is returned/displayed:
• Yes/No as to whether the holder of that SSN/EIN is in default on a Federal loan; and
• If Yes, then CAIVRS provides to the lender:
• Loan case number;
• Record type (claim, default, foreclosure, or judgment);
• Agency administering the loan program; and
• Phone # at that agency (to call to clear up the default)
• Confirmation Code associated with the query
By law, processing of applications for Federal Credit benefits (such as government-insured loans) must be suspended when applicants are delinquent on Federal debt. Processing may continue only when the debtor satisfactorily resolves the debt (e.g., pays in full or renegotiates a new payment plan). To remove a CAIVRS sanction, the borrower must use the information provided to contact the agency that reported their SSN or EIN to HUD/CAIVRS.
Records To Be Matched
HUD will use records from its systems of records entitled, HUD/SFH–01, Single Family Default Monitoring System; HUD/SFH–02, Single Family Insurance System CLAIMS Subsystem; HUD/HS–55, Debt Collection Asset Management System; and HUD/HS–57, Single Family Mortgage Notes. The debtor files for programs involved are included in these systems of records. HUD's debtor files contain information on borrowers and co-borrowers who are currently in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been repaid in full); or who have any outstanding claims paid during the last 3 years on a Title II insured or guaranteed home mortgage loans; or individuals who had a claim paid in the last 3 years on a Title I loan.
ED will provide HUD with debtor files contained in its system of records (Higher Education Act, Title IV Program File, 18–11–05), originally published in the Federal Register at 64 FR 30163–66 (June 4, 1999) and subsequently amended at 64 FR 72407 December 27, 1999). ED records from which the information is compiled are maintained in the Student Financial Assistance Collection system of records, 18–11–07, 64 FR 30166 (June 4, 1999), as amended, 64 FR 72407 (December 27, 1999). ED's routine use for this match is published as routine use number one in the notice for the Student Financial Assistance Files, which permits disclosures of the pertinent information to HUD. ED's data contain information on individuals who have defaulted on their guaranteed loans. ED will retain ownership and responsibility for their systems of records that they place with HUD. HUD serves only as a record location and routine use recipient for ED's data and maintains these records only as a ministerial action on behalf of ED, and not as part of HUD's systems of records.
Notice Procedures
HUD and ED have separate notification procedures. When the Federal credit being sought is a HUD/FHA mortgage, HUD will notify individuals at the time of application (ensuring that routine use appears on the application form). ED will notify individuals at the time of application for Federal student loan programs that their records will be matched to determine whether they are delinquent or in default on a Federal debt. HUD and ED will also publish notices concerning “routine use” disclosures in the Federal Register to inform individuals that a computer match may be performed to determine a loan applicant's credit status with the Federal government.
Categories of Records/Individuals Involved
The debtor records include these data elements: SSN, claim number, the Department of Education's Regional Office Code, Collection Agency Code, program code, and indication of indebtedness. Categories of records include: Records of claims and defaults, repayment agreements, credit reports, financial statements, and records of foreclosures. Categories of individuals include: former mortgagors and purchasers of HUD-owned properties, and home improvement loan debtors who are delinquent or in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been paid in full); or who have any outstanding claims paid during the last 3 years on a title II insured or guaranteed home mortgage loans; or individuals who has a claim paid in the last 3 years on a Title I loan. ED's data contain information on individuals who have defaulted on their guaranteed loans
Period of the Match
Matching will begin at least 40 days from the date copies of the signed (by both agencies DIBs) computer matching agreement are sent to both Houses of Congress and
OMB or at least 30 days from the date this notice is published in the Federal Register, whichever is later, providing no comments are received which would result in a contrary determination.
Dated: June 6, 2008.
Joseph M. Milazzo,
Acting Chief Information Officer.
[73 FR 34780, June 18, 2008]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5130–N–34]
Privacy Act of 1974; Notice of Matching Program Between the United States Department of Housing and Urban Development (HUD) and the United States Department of Agriculture Rural Housing Service (RHS)
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a Computer Matching Program between HUD and the Department of Agriculture RHS.
SUMMARY:
Pursuant to the Computer Matching and Privacy Protection Act of 1988, as amended, and the Office of Management and Budget's (OMB) Guidance on the statute, HUD is announcing a new matching program involving comparisons between data provided by participants in HUD's assisted housing programs and applicants for RHS's rural housing programs. The matching program will be carried out to identify individuals who are receiving excess or duplicate housing assistance as a result of Hurricanes Katrina and Rita.
The matching program will be accomplished by comparing information from HUD's systems of records known as (1) the Tenant Housing Assistance and Contract Verification Data (HUD/H–11 and (2) the Inventory Management System, previously the Public and Indian Housing Information Center (HUD/PIH–4), with disaster emergency assistance data maintained by RHS Multifamily Programs (MFH) in its system of records known as the Multifamily Information System (MFIS), and Single Family Housing Programs (SFH) in its Dedicated Loan Origination and Servicing System (DLOS) MortgageServ and Unifi record systems for direct loans and grants, and the Guaranteed Loan System (GLS) for guaranteed loans to identify participants who are receiving access to duplicate disaster assistance payments.
DATES:
Effective Date: Computer matching is expected to begin November 24, 2008, unless comments are received which will result in a contrary determination, or 40 days after copies of the underlying matching agreement are signed, approved by HUD and RHS Data Integrity Boards, and sent to both Houses of Congress, whichever is later.
Comments Due Date: November 24, 2008.
ADDRESSES:
Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410–0500. Communications should refer to the above docket number and title. Facsimile (FAX) comments are not acceptable. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
For the Privacy Act contact Donna Robinson-Staton, Departmental Privacy Act Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 2256, Washington, DC 20410, telephone number (202) 402–8073. A telecommunications device for hearing-and-speech impaired individuals (TTY) is available at 1–800–877–8339 (Federal Information Relay Service).
For further information from recipient agency: Bryan Saddler, Counsel to the Inspector General, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 8260, Washington, DC 20410, (202) 708–1613.
SUPPLEMENTARY INFORMATION:
The Computer Matching and Privacy Protection Act (CMPPA) of 1988, an amendment to the Privacy Act of 1974 (5 U.S.C. 552a), OMB's guidance on this statute entitled “Final Guidance Interpreting the Provisions of Public Law 100–503, the CMPPA of 1988” (OMB Guidance), and OMB Circular No. A–130 requires publication of notices of computer matching programs. Appendix I to OMB's Revision of Circular No. A–130, “Transmittal Memorandum No. 4, Management of Federal Information Resources,” prescribes Federal agency responsibilities for maintaining records about individuals. In compliance with the CMPPA and Appendix I to OMB Circular No. A–130, copies of this notice are being provided to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and OMB's Office of Information and Regulatory Affairs.
I. Authority
This matching program is being conducted pursuant to the Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (Pub. L. 109–148); section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544); section 165 of the Housing and Community Development Act of 1987 (42 U.S.C. 3543); the National Housing Act (12 U.S.C. 1701–1750g); the United States Housing Act of 1937 (42 U.S.C. 1437–1437z); section 101 of the Housing and Community Development Act of 1965 (12 U.S.C. 1701s); the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 1437a(f)); the Inspector General Act of 1978 (5 U.S.C. App. 3); Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100–53); and 65 FR 24732 and 64 FR 54930.
Chapter 9, Title I, of the Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, requires HUD to provide Tenant-Based Rental Assistance only to tenants who received housing assistance prior to the hurricanes and to “those which were homeless or in emergency shelters in the declared disaster area prior to Hurricanes Katrina or Rita.” It also requires, with respect to Community Development Fund assistance, that HUD establish procedures to prevent recipients from receiving any duplication of benefits.
The Stewart B. McKinney Homeless Assistance Amendments Act of 1988 authorizes HUD and housing agencies (HAs) (but not private owners/management agents for subsidized multifamily projects) to request wage and claim information from State Wage Information Collection Agencies (SWICAs) responsible for administering State unemployment laws in order to undertake computer matching of individual's income and eligibility for HUD housing assistance. This Act authorizes HUD to require applicants and participants to sign a consent form authorizing HUD or the HA to request wage and claim information from the SWICAs.
The Inspector General Act authorizes the HUD Inspector General to undertake programs to detect and prevent fraud and abuse in all HUD programs.
RHS, pursuant to section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) 42 U.S.C. 5155, Public Law 93–288, as amended, and 7 CFR part 1951, subpart O, must assure that no person receiving disaster assistance receives unauthorized assistance.
II. Objective To Be Met by the Matching Program
HUD's primary objectives in implementing the computer matching program are: (a) To identify individuals who are receiving housing benefits in excess of those to which they are entitled; and (b) to identify duplicate disaster assistance payments. HUD's Office of General Counsel (OGC) will compare the identity, reported income, family size, address and benefit data of Rural Development's emergency Rental Assistance program contained in MFIS. The comparisons will identify, based on criteria established by HUD–OIG, individuals whose incomes, family size, address, or benefit levels require further verification to determine if they received appropriate levels of Federal assistance.
Similarly, HUD–OIG will compare benefit data of Rural Development's section 502 loan and section 504 loan and grant Natural Disaster/Hurricane programs contained in DLOS and GLS.
Any match (i.e., a “hit”) will be further reviewed by the HUD–OIG to determine whether the recipient was eligible to receive the assistance. Hits shall also be provided to, and further reviewed by, RHA and USDA–OIG to determine whether duplicate assistance was provided.
III. Program Description
In this matching program, tenant-provided information included in HUD's systems of records known as the Tenant Housing Assistance and Contract Verification Data (HUD/H–11), last published at 62 FR 11909 (March 13, 1997), and (2) the Inventory Management System, previously the Public and Indian Housing Information Center (HUD/PIH–4), published in the Federal Register on October 7, 2002, will be compared with RHS's MFIS, DLOS, and GLS “Disaster Assistance” system of records. RHS will provide HUD with records from the MFIS, DLOS, and GLS systems that identify recipients of emergency Rental Assistance and Natural Disaster/Hurricane housing loans and grants and loan guarantees. The notice for this system is contained in the System of Records titled “USDA/Rural Development”, last published in 63 FR 38546 (July 17, 1998), and the disclosure will be made in accordance with routine use “15,” which permits disclosure to another Federal agency “for the purpose of determining compliance with Federal regulations and appropriate servicing actions against those not entitled to program benefits, including possible recovery of improper benefits.” The comparisons will identify, based on criteria established by HUD–OIG, individuals whose incomes, family size, address, or benefit levels require further verification to determine if they received appropriate levels of Federal assistance.
A. Income Verification Procedures
Any match (i.e., a “hit”) will be further reviewed by the HUD–OIG to determine whether the recipient was eligible to receive the assistance. Hits shall also be provided to, and further reviewed by, RHA and USDA–OIG to determine whether duplicate assistance was provided.
In order to protect any individuals whose records are used in matching, the HA or subsidized multifamily project owner or management agent will not suspend, terminate, reduce, or make a final denial of any housing assistance to such individual, or take other adverse action against such individual as a result of information produced by such matching program, until an officer or employee of such agency has independently verified such information. This independent verification includes: (1) Comparing automated tenant data with manual files to verify tenant identity, family composition and reported income; (2) verifying the tenants' income by sending HUD prepared income confirmations to employers for cases where records indicate unreported or under-reported income; (3) analyzing the confirmed information; (4) calculating the unreported income and excessive housing assistance received by the family; (5) determining whether the individual actually has or had access to such income for the individual's own use; and (6) determining the period or periods when the individual actually had such income.
B. Administrative or Legal Actions
HUD–OIG shall also provide reports to RHS and/or USDA–OIG for reasons of information verification concerning excess and/or duplicate housing assistance payments. Upon completion of the verification procedures, cases may be referred to Federal, state or local law enforcement authorities (including HUD–OIG and USDA–OIG) for consideration of criminal or civil prosecution. Cases that are not referred for—or after referral are rejected for—criminal or civil prosecution, may be referred to HAs, multifamily project owners or management agents to initiate administrative actions according to applicable procedures.
A HA, project owner or management agent may not suspend, terminate, reduce, or make a final denial of any housing assistance to any individual or take other adverse action against such individual as a result of information produced by a matching program: (1) Unless the individual has received a statement of the findings, including notice to the individual of the opportunity to contest such findings; and (2) until the expiration of a 30 calendar-day period from the date of the notice in (1).
If the matching subject responds within the 30 calendar-day notice period and indicates acceptance of the validity of the adverse information, immediate action to reduce or terminate benefits may be taken.
IV. Records To Be Matched
A description of the tenant records (one record for each family member) includes these data elements: (1) SSNs for each family member; (2) family control number to identify each tenant with a particular family; (3) Head of Household Indicator; (4) Last Name, First Name, Middle Initial, and Address for household; (5) Sex; (6) Birth Date; (7) Reported Income by source, description and amount; (8) Program Code; and (9) Recertification Date.
DLOS and GLS systems records (one record for each loan/grant) includes these data elements: (1) Account number for each loan/grant; (2) SSNs for each borrower/co-borrower (Borrower ID—primary/secondary); (3) Last Name, First Name, Middle Initial, and Property Address for loan/grant; (5) Sex; (6) Program Title; (7) Date of the Obligation, amount, and unpaid balance; (8) Age of borrower/co-borrower; (9) Date of Application; (10) Date of Approval; and (11) Program Type Code.
For matched applicants (i.e., “hits”), HUD–OIG will match the following information from MFIS, DLOS and GLS: name(s), address(es), social security number(s), assistance date(s), and rental/loan/grant assistance amount(s).
V. Period of the Match
This agreement shall become effective 30 days after publication of a computer matching notice in the Federal Register, or 40 days after the agreement is signed by both Data Integrity Boards and has been transmitted to Congress and the OMB for review, whichever is later. This agreement will terminate when the purpose of the computer match is accomplished, or 18 months from the date this signed agreement is sent to both Houses of Congress and OMB, whichever comes first. Should the purpose not be accomplished within 18 months, the agreement may be extended for one 12-month period, with the mutual agreement of all involved parties, if within three months of the expiration date, the respective Data Integrity Boards review the agreement and find that the program will be conducted without change, find a continued favorable examination of cost/benefit results, and all involved parties certify that the program has been conducted in compliance with this agreement. This agreement may be terminated, prior to accomplishment of the computer matching purpose or 18 months from the date this signed agreement is sent to both Houses of Congress and OMB (whichever comes first), by the mutual agreement of all involved parties, with 30 days written notice.
Authority: 5 U.S.C. 552a; 88 Stat. 1986; 42 U.S.C. 3535(d).
Dated: October 16, 2008.
Lisa Schlosser,
Chief Information Officer.
[73 FR 63188, October 23, 2008]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5291–N–01]
Privacy Act of 1974; Notice of a Computer Matching Program Between the U.S. Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ)
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a Computer Matching Program Between HUD and the DOJ.
SUMMARY:
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988, as amended (Pub. L. 100–503), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989)); and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” HUD proposes to issue public notice of its intent to conduct a new computer matching program using data from DOJ's systems of records. The matching program will involve the utilization of a computer information system of HUD, the Credit Alert Interactive Verification Reporting System (CAIVRS), which will include DOJ's debtor files. The CAIVRS database includes delinquent debt information from the Departments of Agriculture, Education, Veterans Affairs and the Small Business Administration. Also, judgment lien data is included from the Department of Justice.
FOR FURTHER INFORMATION CONTACT:
The Recipient Agency, Donna Robinson-Staton, Departmental Privacy Act Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 2256, Washington, DC 20410, telephone number (202) 402–8073 or the Source Agency, Diane E. Watson, Debt Collection Management, Nationwide Central Intake Facility (NCIF), Department of Justice, 1620 L Street, NW., Washington, DC 20036, telephone number (301) 427–0077. (These are not toll-free numbers.) A telecommunication device for hearing- and speech-impaired individuals TTY is available at 1–800–877–8339 (Federal Information Relay Service).
DATES:
Effective Date: The effective date of the matching program shall begin March 30, 2009 or at least 40 days from the date copies of the signed (by both agencies' Data Integrity Boards (DIBs)) computer matching agreement are sent to the Office of Management and Budget (OMB) and both Houses of Congress, whichever is later, providing no comments are received which would result in a contrary determination.
Comments Due Date: March 30, 2009.
SUPPLEMENTARY INFORMATION:
This notice supersedes notice published in the Federal Register on April 5, 2006 at 71 FR 17129. This match will allow prescreening of applicants for debts owed or loans guaranteed by the federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the federal government. Before granting a loan, a lending agency and/or an authorized lending institution will be able to interrogate the CAIVRS debtor file, which contains the Social Security Numbers (SSNs) of HUD's delinquent debtors and defaulter files of the DOJ and verify that the loan applicant is not in default on a federal judgment or delinquent on direct or guaranteed loans of participating federal programs. As a result of the information produced by this match, the authorized users may not deny, terminate, or make a final decision on any loan assistance to an applicant or take other adverse action against such applicant, until an officer or employee of such agency has independently verified such information.
Reporting of Matching Program
In accordance with Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, as amended, and OMB Bulletin 89–22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,” copies of this notice and report are being provided to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Office of Management and Budget.
Authority: The matching program will be conducted under the authority of 28 U.S.C. 2301(e) (3611 of the Federal Debt Collection Procedures Act of 1990, Pub. L. 101–647), and Office of Management and Budget (OMB) Circulars A–129 (Managing Federal Credit Programs) and A–70 (Policies and Guidelines for Federal Credit Programs). One of the purposes of all Executive departments and agencies—including HUD—is to implement efficient management practices for federal credit programs. OMB Circular A–129 is issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Act of 1950, as amended; the Debt Collection Act of 1982 (Pub. L. 97–365; 5 U.S.C. 5514(a)), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104–134, section 31001); Section 2653 of Public Law 98–369; 41 U.S.C. 253; the Federal Credit Reform Act of 1990, as amended; the Federal Debt Collection Procedures Act of 1990; the Chief Financial Officers Act of 1990, as amended; Executive Order 8248; the Cash Management Improvement Act Amendments of 1992; and pre-existing common law authority to charge interest on debts and to offset payments to collect debts administratively.
Objectives to be Met By the Matching Program: HUD's primary objective in continuing the existing matching program is to give program agencies and their authorized financial institutions access to a system which allows them to prescreen applicants for loans or loans guaranteed by the Federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the Government. By identifying those individuals or corporations against whom the DOJ has filed a judgment, the federal government can expand the prescreening search of their loan applicants to further avoid lending to applicants who are credit risks. As part of this process, HUD will be provided access to DOJ's debtor data for prescreening purposes. Each month HUD/CAIVRS receives limited information on borrowers who have defaulted on loans administered by participating federal agencies. This information includes: Social Security Number (SSN) or Employer Identification Number (EIN), case number, Federal Agency identifying code, and record type. Participating agencies also provide HUD with a file containing authorized lenders/business partners. Participating Federal agency personnel or authorized lenders that require access to CAIVRS, must enter a user authorization code followed by either an SSN or EIN (for businesses and non-profits). Only the following information is returned/displayed to the authorized users of CAIVRS:
• Yes/No as to whether the holder of that SSN/EIN is in default on a Federal loan; and
• If Yes, then CAIVRS provides to the lender:
• Loan case number;
• Record type (claim, default, foreclosure, or judgment);
• Agency administering the loan program; and
• Phone # at that agency (to call to clear up the default)
• Confirmation Code associated with the query
By law, processing of applications for Federal Credit benefits (such as government-insured loans) must be suspended when applicants are delinquent on Federal debt. Processing may continue only when the debtor satisfactorily resolves the debt (e.g., pays in full or renegotiates a new payment plan). To remove a CAIVRS sanction, the borrower must use the information provided to contact the agency that reported their SSN or EIN to HUD/CAIVRS.
Records to be Matched: HUD will use records from its systems of records entitled, HUD/SFH–01, Single Family Default Monitoring System; HUD/SFH–02, Single Family Insurance System CLAIMS Subsystem; HUD/HS–55, Debt Collection Asset Management System; and HUD/HS–57, Single Family Mortgage Notes. The debtor files for programs involved are included in these systems of records. HUD's debtor files contain information on borrowers and co-borrowers who are currently in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been repaid in full); or who have any outstanding claims paid during the last three years on a Title II insured or guaranteed home mortgage loans; or individuals who had a claim paid in the last three years on a Title I loan. The DOJ will provide HUD with debtor files maintained in two DOJ systems of records. The first is entitled “Justice/JMD–006, Debt Collection Management System and the second is entitled “Justice/USA–015, Debt Collection Enforcement System. The DOJ debtor files contain information on individuals or corporations against who have defaulted on federal judgments. The DOJ will retain ownership and responsibility for their system of records that they place with HUD. HUD serves only as a record location and routine use recipient for DOJ's data.
Notice Procedures: HUD will notify individuals at the time of application (ensuring that routine use appears on the application form) for guaranteed or direct loans that their records will be matched to determine whether they are delinquent or in default on a federal debt. HUD and DOJ will also publish notices concerning routine use disclosures in the Federal Register to inform individuals that a computer match may be performed to determine a loan applicant's credit status with the federal government.
Categories of Records/Individuals Involved: The debtor records include data elements from HUD's systems of records: SSN, claim number, program code, and indication of indebtedness. Categories of records include: records of claims and defaults, repayment agreements, credit reports, financial statements, and records of foreclosures, and financial judgment liens. Categories of individuals include: former mortgagors and purchasers of HUD-owned properties, and home improvement loan debtors who are delinquent or in default (at least 90 days delinquent on their loans or who have had their partial claim subordinate mortgage called due and payable and it has not been paid in full); or who have any outstanding claims paid during the last three years on a title II insured or guaranteed home mortgage loans; or individuals who has a claim paid in the last three years on a Title I loan, and individuals or corporations against whom judgments have been filed by DOJ.
Period of Match: Matching will begin at least 40 days from the date copies of the signed (by both agencies Data Integrity Boards) computer matching agreements are sent to OMB and both Houses of Congress or at least 30 days from the date this notice is published in the Federal Register, whichever is later, providing no comments are received which would result in a contrary determination. The matching program will be in effect and continue for 18 months with an option to renew for 12 additional months unless one of the parties to the agreement advises the other in writing to terminate or modify the agreement.
Dated: February 6, 2009.
Lynn Allen,
Acting Chief Information Officer.
[74 FR 8979, February 27, 2009]
[TOP]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR–5291–N–02]
Privacy Act of 1974; Notice of a Computer Matching Program Between the Department of Housing and Urban Development (HUD) and the Social Security Administration (SSA): Matching Tenant Data in Assisted Housing Programs
AGENCY:
Office of the Chief Information Officer, HUD.
ACTION:
Notice of a computer matching program between HUD and SSA.
SUMMARY:
Pursuant to the Computer Matching and Privacy Protection Act of 1988, as amended, and the Office of Management and Budget's (OMB) Guidance on the statute (5U.S.C. 552a, as amended), HUD is notifying the public of its intent to enter into a new computer matching program with SSA in May 2009. HUD will obtain SSA data and make the results available to (1) program administrators such as public housing agencies (PHAs) and private owners and management agents (O/As) to enable them to verify the accuracy of income reported by the tenants (participants) of HUD rental assistance programs and (2) contract administrators (CAs) overseeing and monitoring O/A operations as well as independent public auditors (IPAs) that audit both PHAs and O/As. SSA data will also be used to validate information provided by borrowers and co-borrowers applying for and obtaining insurance for Federal Housing Administration (FHA) mortgages.
Administrators of HUD rental assistance programs rely upon the accuracy of tenant-reported income to determine participant eligibility for and level of, rental assistance. The computer matching program will provide indicators of potential under-reported tenant income that will require additional verification to identify inappropriate (excess or insufficient) rental assistance, and perhaps administrative or legal actions. The matching program will be carried out to detect inappropriate (excessive or insufficient) rental assistance under sections 221(3), 221(d)(5), and 236 of the National Housing Act, the United States Housing Act of 1937, section 101 of the Housing and Community Development Act of 1965, section 202 of the Housing Act of 1959, section 811 of the Cranston-Gonzalez National Affordable Housing Act, the Native American Housing Assistance and Self-Determination Act of 1996, and the Quality Housing and Work Responsibility Act (QHWRA) of 1998. The program will also provide for verification of Social Security numbers (SSNs) for tenants participating in covered rental assistance programs, and borrowers and co-borrowers applying for mortgage insurance for FHA loans through HUD. This Notice provides an overview of computer matching for HUD's rental assistance programs. Specifically, the Notice describes HUD's program for computer matching of its tenant data to SSA's death data, Social Security (SS) and Supplemental Security Income (SSI) benefits data.
DATES:
Effective Date: Computer matching is expected to begin April 10, 2009, unless comments are received which will result in a contrary determination, or 40 days from the date a computer matching agreement is signed, whichever is later.
Comments Due Date: April 10, 2009.
ADDRESSES:
Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410–0500. Communications should refer to the above docket number and title. Comments sent by facsimile are not acceptable. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
For Privacy Act inquires: Office of the Chief Information Officer, contact Donna Robinson-Staton, Departmental Privacy Act Officer, HUD, 451 Seventh Street, SW., Room 2256, Washington, DC 20410, telephone number (202) 402–8073. For program information: Office of Public and Indian Housing, contact Nicole Faison, Director of the Office of Public Housing Programs, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4226, Washington, DC 20410, telephone number (202) 708–0744; Office of Housing, contact Gail Williamson, Director of the Housing Assistance Policy Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6138, Washington, DC 20410, telephone number (202) 402–2473. (These are not toll free telephone numbers). A telecommunications device for hearing- and speech-impaired individuals (TTY) is available at (800) 877–8339 (Federal Information Relay Service).
SUPPLEMENTARY INFORMATION:
This Notice supersedes a similar notice published in the Federal Register (FR) on October 5, 2006 at 71 FR 58871. The Computer Matching and Privacy Protection Act (CMPPA) of 1988, an amendment to the Privacy Act of 1974 (5 U.S.C. 552a), OMB's guidance on this statute entitled “Final Guidance Interpreting the Provisions of Public Law 100–503, the CMPPA of 1988” (OMB Guidance), and OMB Circular No. A–130 requires publication of notices of computer matching programs. Appendix I to OMB's Revision of Circular No. A–130, “Transmittal Memorandum No. 4, Management of Federal Information Resources,” prescribes Federal agency responsibilities for maintaining records about individuals. In compliance with the CMPPA and Appendix I to OMB Circular No. A–130, copies of this notice are being provided to the Committee on Government Reform and Oversight of the House of Representatives, the Committee of Homeland Security and Governmental Affairs of the Senate, and OMB's Office of Information and Regulatory Affairs.
I. Authority
This matching program is being conducted pursuant to the Privacy Act of 1974 (5 U.S.C 552a); 542(b) of the 1998 Appropriations Act (Pub. L. 105–65); section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544); section 165 of the Housing and Community Development Act of 1987 (42 U.S.C. 3543); the National Housing Act (12 U.S.C. 1701–1750g); the United States Housing Act of 1937 (42 U.S.C. 1437–1437z); section 101 of the Housing and Community Development Act of 1965 (12 U.S.C. 1701s); the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.); and the QHWRA Act of 1998 (42 U.S.C. 1437a(f)). The Housing and Community Development Act of 1987 authorizes HUD to require participants (and applicants) in HUD-administered programs involving loan and rental assistance to disclose to HUD their social security numbers (SSNs) as a condition of continuing (or initial) eligibility for participation in the programs. The QHWRA of 1998, section 508(d), 42 U.S.C. 1437a(f) authorizes the Secretary of HUD to require disclosure by the tenant to the PHA of income information received by the tenant from HUD as part of the income verification procedures of HUD. The QHWRA was amended by Public Law 106–74, which extended the disclosure requirements to participants in section 8, section 202, and section 811 assistance programs. The participants are required to disclose the HUD-provided income information to owners responsible for determining the participant's eligibility or level of benefits.
II. Covered Programs
This Notice of computer matching program applies to the following rental assistance programs:
A. Public Housing.
B. Section 8 Housing Choice Voucher (HCV).
C. Project-based Section 8.
1. New Construction.
2. State Agency Financed.
3. Substantial Rehabilitation.
4. Section 202/8.
5. Rural Housing Services Section 515/8.
6. Loan Management Set-Aside (LMSA).
7. Property Disposition Set-Aside (PDSA).
D. Rent Supplement.
E. Rental Assistance Payment (RAP).
F. Section 202/162 Project Assistance Contract (PAC).
G. Section 202 Project Rental Assistance Contract (PRAC).
H. Section 811 PRAC.
I. Section 236.
J. Section 221(d)(3) Below Market Interest Rate (BMIR).
Note:
This Notice does not apply to the Low Income Housing Tax Credit (LIHTC) or the Rural Housing Services Section 515 without Section 8
programs.
III. Objectives To Be Met by the Matching Program
HUD's primary objective in implementing the computer matching program is to verify the income of individuals participating in the rental assistance programs identified in paragraph II above to determine the appropriate level of rental assistance, and to detect, deter, reduce and correct fraud and abuse in rental assistance programs. In meeting this objective, HUD also is carrying out its responsibility under 42 U.S.C. 1437f(K) to ensure that income data provided to POAs by household members is complete and accurate. HUD's various assisted housing programs, administered through POAs, require that applicants and participants meet certain income and other criteria to be eligible for rental assistance. In addition, tenants generally are required to report the amounts and sources of their income at least annually. However, under the QHWRA of 1998, PHAs must offer public housing tenants the option to pay a flat rent, or an income-based rent annually. Those tenants who select a flat rent will be required to recertify income at least every three years. In addition, the Changes to the Admissions and Occupancy Final Rule (March 29, 2000; 65 FR 16692) specified that household composition must be recertified annually for tenants who select a flat rent or income-based rent.
Other objectives of this computer matching program include: (1) Increasing the availability of rental assistance to individuals who meet the requirements of the rental assistance programs; (2) after removal of personal identifiers, conducting analyses of the Social Security death data and benefit information, and income reporting of program participants; and (3) measure improper payments due to under-reporting of income and/or overpayment of subsidy on behalf of deceased program participants (single member households).
III. Program Description
In this computer matching program, tenant-provided information included in HUD's automated systems of records known as Tenant Rental Assistance Certification System (TRACS) (HUD/H–11) and the Inventory Management System (IMS), formerly known as the Public and Indian Housing Information Center (PIC) (HUD/PIH–4), will be compared to data from SSA databases. The notices for these systems were published at 62 FR 11909 and 73 FR 58256, respectively. HUD will disclose to SSA only tenant personal identifiers, i.e., full name, Social Security number, and date of birth. SSA will match the HUD-provided personal identifiers to personal identifiers included in their various systems of records identified in Section IV of this notice. SSA will validate HUD-provided personal identifiers and provide income data to HUD only for individuals with matched personal identifiers. SSA will also provide the date of death or indication of death for any program participant whose HUD-supplied personal identifiers are successfully matched against SSA databases. For any individual whose personal identifiers do not match the personal identifiers in the SSA database, SSA will provide HUD with an error message, which will describe the reason(s) for no match (i.e. incorrect date of birth or surname, or invalid Social Security number).
A. Income Verification
Any match (i.e., a “hit”) will be further reviewed by HUD, the POAs, or the HUD Office of Inspector General (OIG) to determine whether the income reported by tenants to the program administrator is correct and complies with HUD and program administrator requirements. Specifically, current or prior SS and SSI benefit information and other data will be sought directly from tenants. For public housing and Section 8 tenant-based HCV programs, tenants will be required to provide PHAs with original SSA benefit verification letters dated within the last 60 days for comparison to computer matching results for accuracy. For multifamily housing programs, tenants must provide O/As with SSA benefit verification letters dated within the last 120 days. For SS and SSI benefit information for prior years, the tenant may be required to provide POAs with an original benefit history document from SSA if there is a dispute regarding historical income information obtained through the computer matching program.
B. Administrative or Legal Actions
Regarding all the matching described in this notice, POAs will take appropriate action in consultation with tenants to: (1) Resolve income disparities between tenant-reported and SSA-reported data; and (2) Use correct income amounts in determining rental assistance.
POAs must compute the rent in full compliance with all applicable statutes, regulations and administrator policies. POAs must ensure that they use the correct income and correctly compute the rent. In order to protect any individual whose records are used in this matching program, POAs may not suspend, terminate, reduce, or make a final denial of any rental assistance to any tenant, or take other adverse action against the tenant as a result of information produced by this matching program until: (a) The tenant has received notice from the POA of its findings and has been informed of the opportunity to contest such findings; (b) The POA has independently verified the information; and (c) either the notice period provided in applicable regulations of the program, or 30 days, whichever is later, has expired. “Independently verified” in item (b) means the specific information relating to the tenant that is used as a basis for an adverse action has been investigated and confirmed by the POA. (5 U.S.C. 552a) As such, POAs must resolve income discrepancies in consultation with tenants. Additionally, serious violations, which POAs, HUD Program staff, or the HUD OIG verify, should be referred for full investigation and appropriate civil and/or criminal proceedings.
With respect to SSA-provided error messages regarding HUD-provided tenant, and matched borrower or co-borrower personal identifiers, the POA and FHA administrator/agent will confirm its file and system documentation to confirm accuracy of data elements, and make any necessary corrections. If there is no error in the documentation, the POAs and FHA administrators/agents will notify the individual of the error and request that the individual contact the SSA to correct any SSA data errors. POAs and FHA administrators/agents cannot correct such errors.
IV. Records To Be Matched
SSA will conduct the matching of tenant SSNs and additional identifiers (surnames and dates of birth) to tenant data that HUD supplies from its systems of records known as the Tenant Rental Assistance Certification System (TRACS) (HUD/H–11) and the Inventory Management System (IMS), formerly known as the Public and Indian Housing Information Center (PIC) (HUD/PIH–4). Program administrators utilize the form HUD–50058 module within the PIC system and the form HUD–50059 module within the TRACS to provide HUD with the tenant data.
SSA will match the tenant records included in HUD/H–11 and HUD/PIH–4 to their systems of records known as SSA's Master Files of Social Security Number Holders, and SSN Applications (60–0058), Master Beneficiary Record (60–0090), and Supplemental Security Income Record (60–103). The notice for these systems was published at 71 FR 1795 on January 11, 2006. HUD will place the resulting matched data into its Enterprise Income Verification (EIV) system (HUD/PIH–5). The notice for this system was initially published at 70 FR 41780 on July 20, 2005, and amended on August 8, 2006 (71 FR 45066) to reflect changes in the following categories (sections): Individuals Covered by the System, Records in the System, Authority for Maintenance of the System, Purpose of the System and the Routine Uses. The tenant records (one record for each family member) include these data elements: full name, SSN, and date of birth.
HUD data will also be matched to the SSA's Master Files of Social Security Number Holders, and SSN Applications (60–0058) for the purpose of validating SSNs of borrowers and co-borrowers of FHA mortgages and participants of HUD rental assistance programs to identify noncompliance with program eligibility requirements. The Computerized Homes Underwriting Management System (HUD/H–5), published at 57 FR 62142 on December 29, 1997 is the HUD FHA system of records used to match data transferred from SSA's Master Files of Social Security Number Holder and SSN Applications (60–0058) to the HUD mainframe. Mortgagees enter SSN data and review the returning verification/failure data through the FHA Connection. HUD will compare tenant SSNs provided by POAs to reveal duplicate SSNs and potential duplicate rental assistance.
V. Period of the Match
The computer matching program will be conducted according to the computer matching agreement between HUD and the SSA. The computer matching agreement for the planned matches will terminate either when the purpose of the computer matching program is accomplished, or 18 months from the date the agreement is signed, whichever comes first. The agreement may be extended for one 12-month period, with the mutual agreement of all involved parties, if the following conditions are met:
(1) Within three months of the expiration date, all Data Integrity Boards review the agreement, find that the program will be conducted without change, and find a continued favorable examination of benefit/cost results; and (2) All parties certify that the program has been conducted in compliance with the agreement.
The agreement may be terminated, prior to accomplishment of the computer matching purpose or 18 months from the date the agreement is signed (whichever comes first), by the mutual agreement of all involved parties within 30 days of written notice.
Dated: March 3, 2009.
Lynn Allen,
Acting Chief Information Officer.
[74 FR 10605, March 11, 2009]
[TOP]
OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; New Computer Matching Program Between the Office of Personnel Management and Social Security Administration
AGENCY:
Office of Personnel Management (OPM).
ACTION:
Notice—computer matching between the Office of Personnel Management and the Social Security Administration.
SUMMARY:
In accordance with 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, revised November 28, 2000, “Management of Federal Information Resources,” the Office of Personnel Management (OPM) is publishing notice of its new computer matching program with the Social Security Administration (SSA).
DATES:
OPM 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 begin 30 days after the Federal Register notice has been published or 40 days after the date of OPM's submissions of the letters to Congress and OMB, whichever is later. The matching program will continue for 18 months from the beginning date and may be extended an additional 12 months thereafter. Subsequent matches will run until one of the parties advises the other in writing of its intention to reevaluate, modify and/or terminate the agreement.
ADDRESSES:
Send comments to Sean Hershey, Chief, Management Information Branch, Office of Personnel Management, Room 4316, 1900 E. Street, NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT:
James Sparrow on (202) 606–1803.
SUPPLEMENTARY INFORMATION:
A. General
The Privacy Act (5 U.S.C. 552a), as amended, establishes the conditions under which computer matching involving the Federal government could be performed and adding certain protections for individuals 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 individuals.
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. Among other things, it requires Federal agencies involved in computer matching programs to:
(1) Negotiate written agreements with the other agency for agencies participating in the matching programs;
(2) Obtain the approval of the match agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(3) Furnish detailed reports about matching programs to Congress and OMB;
(4) Notify applicants and beneficiaries that their records are subject to matching;
(5) Verify match findings before reducing, suspending, termination or denying an individual's benefits or payments.
B. OPM Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of OPM's computer matching programs comply with the requirements of the Privacy Act, as amended.
Notice of Computer Matching Program, Office of Personnel Management (OPM) With the Social Security Administration (SSA)
A. Participating Agencies
OPM and SSA.
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions under which SSA agrees to the disclosure of tax return information to OPM. The SSA records will be used in a matching program in which OPM will match SSA's tax return records with OPM's records on disability retirees under age 60, disabled adult child survivors, certain retirees in receipt of a supplemental benefit under the Federal Employees Retirement System (FERS), and certain annuitants receiving a discontinued service retirement benefit under the Civil Service Retirement System (CSRS). By law, these annuitants and survivors are limited in the amount they can earn and still retain benefits paid to them. In the case of the discontinued service annuitants, retirement benefits cease upon re-employment in Federal service. OPM will use the SSA data to determine continued eligibility for benefits being paid.
C. Authority for Conducting the Matching Program
Chapters 83 and 84 of title 5 of the United States Code and 26 U.S.C. 6103 (l)(11).
D. Categories of Records and Individuals Covered by the Match
SSA will disclose the necessary tax return information from the Earnings Recording and Self-Employment Income System, SSA / OEEAS (60–0059). OPM will provide SSA with an electronic finder file from the OPM system of records published as OPM/Central-1 (Civil Service Retirement and Insurance Records) on October 8, 1999 (64 FR 54930), as amended on May 3, 2000 (65 FR 25775). The systems of records involved have routine uses permitting the disclosures needed to conduct this match.
E. Privacy Safeguards and Security
The Privacy Act (5 U.S.C. 552a(o)(1)(G)), requires that each matching agreement specify procedures for ensuring the administrative, technical and physical security of the records matched and the results of such programs. All Federal agencies are subject to: the Federal Information Security Management Act of 2002 (FISMA), 44 U.S.C. 3541 et seq.; related Office of Management and Budget circulars and memorandum (e.g., OMB Circular A–130 and OMB M–06–16); National Institute of Science and Technology (NIST) directives; and the Federal Acquisition Regulations (FAR)). These laws, circulars, memoranda directives and regulations include requirements for safeguarding Federal information systems and personally identifiable information used in Federal agency business processes, as well as related reporting requirements. OPM and SSA recognize that all laws, circulars, memoranda, directives and regulations relating to the subject of this agreement and published subsequent to the effective date of this agreement must also be implemented if mandated.
FISMA requirements apply to all Federal contractors and organizations or sources that possess or use Federal information, or that operate, use, or have access to Federal information systems on behalf of an agency. OPM will be responsible for oversight and compliance of their contractors and agents. Both OPM and SSA reserve the right to conduct onsite inspection to monitor compliance with FISMA regulations.
F. Inclusive Dates of the Match
The matching program shall become effective upon the signing of the agreement by both parties to the agreement and approval of the agreement by the Data Integrity Boards of the respective agencies, but no sooner than 40 days after notice of this matching program is sent to Congress and the Office of Management and Budget or 30 days after publication of this notice in the Federal Register, whichever is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
[73 FR 19911, April 11, 2008]
[TOP]
OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; New Computer Matching Program Between the Office of Personnel Management and the Office of Workers' Compensation Programs and Department of Labor
AGENCY:
Office of Personnel Management (OPM).
ACTION:
Notice-computer matching between the Office of Personnel Management and the Department of Labor, Office of Worker's Compensation Programs; correction.
SUMMARY:
In accordance with 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 (June 19, 1989), and OMB Circular No. A–130, “Management of Federal Information Resources” (revised November 28, 2000), the Office of Personnel Management (OPM) is publishing notice of its new computer matching program with the Department of Labor, Office of Workers' Compensation Programs (OWCP).
The Office of Personnel Management inadvertently published a notice document in the Federal Register of April 11, 2008 (73 FR 19911) titled, “Privacy Act of 1974; New Computer Matching Program Between the Office of Personnel Management and Social Security Administration.” This document replaces that notice.
DATES:
OPM 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 begin 30 days after the Federal Register notice has been published or 40 days after the date of OPM's submissions of the letters to Congress and OMB, whichever is later. The matching program will continue for 18 months from the beginning date and may be extended an additional 12 months thereafter. Subsequent matches will run until one of the parties advises the other in writing of its intention to reevaluate, modify and/or terminate the agreement.
ADDRESSES:
Send comments to Sean Hershey, Chief, Management Information Branch, Office of Personnel Management, Room 4316, 1900 E. Street NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT:
James Sparrow on (202) 606–1803.
SUPPLEMENTARY INFORMATION:
A. General
The Privacy Act, as amended (5 U.S.C. 552a), establishes the conditions under which computer matching involving the Federal government could be performed and adding certain protections for individuals applying for and receiving Federal benefits. The Privacy Act 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. Among other things, it requires Federal agencies involved in computer matching programs to:
(1) Negotiate written agreements with the other agency for agencies participating in the matching programs;
(2) Obtain the approval of the match agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(3) Furnish detailed reports about matching programs to Congress and OMB;
(4) Notify applicants and beneficiaries that their records are subject to matching;
(5) Verify match findings before reducing, suspending, termination or denying an individual's benefits or payments.
B. OPM Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of OPM's computer matching programs comply with the requirements of the Privacy Act.
Notice of Computer Matching Program, Office of Personnel Management (OPM) With the Department of Labor, Office of Workers' Compensation Programs (OWCP)
A. Participating Agencies
OPM and DOL/OWCP.
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions, safeguards and procedures under which the Department of Labor (DOL), Office of Workers' Compensation Programs (OWCP), will disclose Federal employee compensation benefit data to the Office of Personnel Management (OPM). The disclosure will provide OPM with information necessary to identify individuals receiving prohibited concurrent benefits under the Civil Service Retirement System (CSRS) (5 U.S.C. Chapter 83) or the Federal Employees' Retirement System (FERS) (5 U.S.C. Chapter 84) and the Federal Employees' Compensation Act (FECA) (5 U.S.C. Chapter 81).
C. Authority for Conducting the Matching Program
The authorities for conducting this matching program are sections 8347(m) and 8461(h)(1) of title 5 of the United States Code.
D. Categories of Records and Individuals Covered by the Match
The match will involve the OPM system of records published as OPM/Central–1, Civil Service Retirement and Insurance Records at 64 FR 54930 (Oct. 8, 1999), as amended at 65 FR 25775 (May, 2000) and the Department of Labor system of records published as DOL/GOVT–1, entitled “Office of Workers' Compensation Programs, Federal Employees' Compensation Act File” at 67 FR 16817 (Apr. 8, 2002).
E. Privacy Safeguards and Security
The Privacy Act (5 U.S.C. 552a(o)(1)(G)), requires that each matching agreement specify procedures for ensuring the administrative, technical and physical security of the records matched and the results of such programs. All Federal agencies are subject to: the Federal Information Security Management Act of 2002 (FISMA), 44 U.S.C. 3541 et seq.; related Office of Management and Budget circulars and memorandum (e.g., OMB Circular A–130 and OMB M–06–16); National Institute of Science and Technology (NIST) directives; and the Federal Acquisition Regulations (FAR). These laws, circulars, memoranda directives and regulations include requirements for safeguarding Federal information systems and personally identifiable information used in Federal agency business processes, as well as related reporting requirements. OPM and DOL/OWCP recognize that all laws, circulars, memoranda, directives and regulations relating to the subject of this agreement and published subsequent to the effective date of this agreement must also be implemented if mandated.
FISMA requirements apply to all Federal contractors and organizations or sources that possess or use Federal information, or that operate, use, or have access to Federal information systems on behalf of an agency. OPM will be responsible for oversight and compliance of their contractors and agents. Both OPM and DOL/OWCP reserve the right to conduct onsite inspection to monitor compliance with FISMA regulations.
F. Inclusive Dates of the Match
The matching program shall become effective upon the signing of the agreement by both parties to the agreement and approval of the agreement by the Data Integrity Boards of the respective agencies, but no sooner than 40 days after notice of this matching program is sent to Congress and the Office of Management and Budget or 30 days after publication of this notice in the Federal Register, whichever is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
[73 FR 20722, April 16, 2008]
[TOP]
POSTAL SERVICE
Privacy Act of 1974, Computer Matching Program—United States Postal Service and the Defense Manpower Data Center, Department of Defense
AGENCY:
Postal Service.
ACTION:
Notice of Computer Matching Program—United States Postal Service and the Defense Manpower Data Center, Department of Defense.
SUMMARY:
The United States Postal Service® (USPS®) plans to participate as a source agency in a computer matching program with the Defense Manpower Data Center (DMDC), Department of Defense (DoD). The purpose of this agreement is to verify continuing eligibility for the TRICARE Reserve Select Program (TRS) by identifying TRS recipients who are eligible for or receiving health coverage under Federal Employee Health Benefits (FEHB), and to terminate TRS benefits if appropriate.
DATES:
The matching program will begin on the effective date of the agreement. The effective date is the expiration of a 40-day review period by OMB and Congress or 30 days after the date of publication of this notice, whichever is later. The matching program will be valid for a period of 18 months after this date.
ADDRESSES:
Written comments on this proposal should be mailed or delivered to the Records Office, United States Postal Service, 475 L'Enfant Plaza, SW., Room 5846, Washington, DC 20260. Copies of all written comments will be available at the above address for public inspection and photocopying between 8 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Jane Eyre at (202) 268–2608.
SUPPLEMENTARY INFORMATION:
The Postal Service and DMDC have agreed to conduct a computer matching program under subsection (o) of the Privacy Act of 1974, 5 U.S.C. 552a. The USPS® is undertaking this initiative to assist the DMDC in fulfilling a mandate issued under the John Warner National Defense Authorization Act of 2007 (NDAA of 2007) (Pub. L. 109–364). This Act established the enhanced TRS program as of October 1, 2007, while excluding Selected Reserve members eligible for Federal Employee Health Benefits (FEHB) under chapter 89 of title 5, U.S. Code, from participation in TRS.
The Postal Service has agreed to assist the DMDC in its efforts to identify individuals who are not entitled to receive health coverage under TRS. Currently, upon initial enrollment into TRS, service members must certify that they are not eligible for FEHB in order to purchase TRS health care insurance coverage. TRS has no termination date. The parties to this agreement have determined that a computer matching program is the most efficient, expeditious, and effective means of identifying ineligible TRS recipients who are eligible for or receiving health coverage under FEHB. Absent the matching agreement, DoD would have to recertify the enrolled population every year. Manual verification of Federal employment information would be an unnecessary and burdensome process and a significant expense for the DoD. Additionally, it is possible that not all affected individuals would be identified. There are no other consolidated data sources available containing this type of information.
The match will compare systems of records maintained by the respective agencies under the Privacy Act of 1974, from which records will be disclosed for the purpose of this computer match. The Postal Service's Personnel Compensation and Payroll Records (USPS System of Records (SOR) 100.400) will be compared with a file of records of Selected Reserve members who are enrolled in the TRS. These disclosures are authorized by a Privacy Act routine use. This routine use, identified as routine use 7, is applicable to the payroll system of records as well as other personnel systems, and permits disclosures to federal and state agencies when the record is needed by the Postal Service or another agency to determine employee participation in, and eligibility under, particular benefit programs administered by those agencies. The DMDC will use the systems of records identified as DMDC 02, “Defense Enrollment Eligibility Reporting System (DEERS)” as amended by 74 FR 18356 (April 22, 2009). Routine use 22(1) provides the DoD with the FEHB eligibility and Federal employment information necessary to determine continuing eligibility for the TRS program.
The DMDC will provide semi-annual data to be used in the match, including Social Security Numbers, names, and dates of birth for TRS-enrolled Selected Reservists. The USPS® will submit to the DMDC a file of matches against the USPS Payroll database.
The DMDC will update the database with the USPS FEHB eligibility information and will provide the matching results to the responsible Reserve Component. The responsible Reserve Component is responsible for verifying the information and making final determinations as to positive identification and eligibility for TRS benefits.
This computer match may have an adverse effect on individuals that are identified from the match. After verifying the accuracy of the matching information and determining ineligibility for coverage under TRS, the DoD will immediately notify individuals of their ineligibility for TRS and inform them at the same time about procedures for enrolling in FEHB. This process will help to alleviate or minimize any break in medical coverage.
The privacy of employees will be safeguarded and protected. The USPS® will manage all data in strict accordance with the Privacy Act and the terms of the matching agreement. Any verified data that is maintained will be managed within the parameters of Privacy Act System of Record USPS® 100.400, Personnel Compensation and Payroll Records (last published April 29, 2005 (70 FR 22548)).
The USPS® will provide 40 days of advance notice to Congress and postal employee unions for each subsequent matching agreement. Set forth below are the terms of the matching agreement (exclusive of attachments), which provide information required by the Privacy Act of 1974, as amended (5 U.S.C. 552a), OMB Final Guidance Interpreting the Provisions of Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989), and OMB Circular No. A–130, Appendix I, 65 FR 77677 (December 12, 2000).
Stanley F. Mires,
Chief Counsel, Legislative.
Computer Matching Agreement Between the United States Postal Service and the Defense Manpower Data Center, Department of Defense
A. Purpose of the Computer Matching Agreement (CMA)
The purpose of this agreement is to establish the conditions, safeguards and procedures under which the United States Postal Service (USPS), an independent establishment of the executive branch of the Government of the United States, section 201 title 39, United States Code (U.S.C.) USPS Payroll, will disclose Federal Employees Health Benefits (FEHB) eligibility to the Defense Manpower Data Center (DMDC), Defense Enrollment and Eligibility Reporting System Office (DEERS), and the Office of the Assistant Secretary of Defense, Reserve Affairs (OSD/RA). This disclosure by USPS will provide the DoD with the FEHB eligibility and Federal employment information necessary to determine continuing eligibility for the TRICARE Reserve Select (TRS) program.
Section 1076d of title 10, U.S.C. requires the Department of Defense to discontinue eligibility for TRS for those Selected Reserve members who are eligible for health care benefits under chapter 89 of title 5, U.S.C. This CMA will allow a file of records of Selected Reserve members, who are enrolled in the TRS, to match the USPS Payroll to determine eligibility for the FEHB Program. USPS will return the results of the computer match to DMDC, providing the FEHB eligibility information on records that match to their database. DMDC will provide information to the Reserve Components (RCs) for due process on only those members with FEHB eligibility that are currently enrolled in TRS.
This computer matching agreement supersedes all existing data exchange agreements between USPS and DMDC, for the exchange of personal data for purposes of disclosing eligibility information for FEHB.
B. Legal Authority
This CMA is executed to comply with the Privacy Act of 1974 (section 552a title 5, U.S.C.), as amended, (as amended by Public Law (Pub. L.) 100–503, the Computer Matching and Privacy Protection Act (CMPPA) of 1988), the Office of Management and Budget (OMB) Circular A–130, titled “Management of Federal Information Resources” at 61 Federal Register (FR) 6435 (February 20, 1996), and OMB guidelines pertaining to computer matching at 54 Fed. Reg. 25818 (June 19, 1989). The Postal Service is authorized to enter into this Agreement by section 411 title 39, U.S.C.
The John Warner National Defense Authorization Act of 2007 (NDAA of 2007) (Pub. L. 109–364) established the enhanced TRS program as of October 1, 2007 while excluding those Selected Reserve members, who are eligible for FEHB under chapter 89 of title 5, U.S.C., from participation in TRS. This agreement implements the additional validation processes needed by DoD to insure Selected Reserve members eligible for FEHB are not enrolled in TRS.
This CMA will allow DoD to accomplish its mandate. There are no other data sources available with this consolidated type of FEHB eligibility information. Manual verification by units of Federal employment information would be an unnecessary and burdensome process and a significant expense for the DoD. The use of computer technology to transfer data between USPS Payroll and DEERS is faster and more efficient than the use of any other manual processes.
C. Definitions
(1) USPS Payroll means the United States Postal Service Payroll processing unit in Eagan, MN.
(2) DEERS means Defense Enrollment Eligibility and Reporting System.
(3) Recipient Agency, as defined by the Privacy Act (section 552a (a) (9) title 5 U.S.C.), means the agency receiving the records and actually performing the computer match; i.e., the matching agency, USPS.
(4) Source Agency, as defined by the Privacy Act (section 552a (a) (11) title 5, U.S.C.), means the agency initially disclosing the records for the purpose of the match; i.e., DMDC.
(5) DoD means Department of Defense.
(6) DMDC means the Defense Manpower Data Center.
(7) FEHB means Federal Employees Health Benefits Program.
(8) TRS means TRS, a premium based TRICARE military health care program for Selected Reservists.
(9) OSD/RA means the Office of the Secretary of Defense for Reserve Affairs.
D. Description of the Match and Records
Under the terms of this matching agreement, DMDC will provide to USPS Payroll a file consisting of social security numbers (SSN), dates of birth (DOB), and names of Selected Reserve members enrolled in TRS. DMDC will update their database with FEHB eligibility information from the USPS response file. DMDC will be responsible for providing the verified information to the Reserve components for determining TRS eligibility.
USPS agrees to conduct a semi-annual computer match of the SSNs of Selected Reservists enrolled in TRS provided by DMDC's DEERS against the information found in the USPS personnel system of record for career USPS employees. USPS will validate the identification of the Selected Reserve record that matches against the SSN, DOB, and name provided by DMDC. USPS will provide an FEHB Eligibility Code, a multiple record indicator and a DOB match indicator. USPS will forward a response file to DMDC within 30 business days following the receipt of the initial finder file and for any subsequent files submitted.
E. Justification and Anticipated Results
(1) Justification. The National Defense Authorization Act of Fiscal Year 2007 (NDAA FY–07) (Pub. L. 109–364) simplified the TRS program and provided a 28% premium share of the total cost for all Selected Reserve members enrolled in the program as of October 1, 2007. Under the new law a member of the Selected Reserve who is eligible for the FEHB Program under chapter 89 of title 5, U.S.C. is not eligible for the TRS program. In order to effectively administer the program, DoD has a requirement to have a verified source of FEHB eligibility.
Upon initial enrollment into TRS service members must certify they are not eligible for FEHB in order to purchase TRS health care insurance coverage. Since there is no mandatory termination date for TRS, DoD will validate the eligibility status of the member on a semi-annual basis with USPS Payroll. Absent the matching agreement, it would be necessary for the enrolled Selected Reserve population to recertify every year. This would be an unnecessary process for beneficiaries as well as a significant expense for DoD. The use of computer technology to transfer data between DMDC and USPS is faster and more efficient than the use of any other manual process.
(2) Anticipated Results. The data provided by USPS will be used in conjunction with DMDC data, to identify beneficiaries who are enrolled in TRS and at the same time are eligible for FEHB. The computer match between USPS Payroll and DEERS could have an adverse impact on those individuals who lose their entitlement for TRS benefits. However, the individuals will be notified immediately of their ineligibility for TRS and will be informed about procedures for enrolling in FEHB. This matching process will help to insure the member has no break, or a limited break, in medical coverage.
The benefits to be derived from this matching operation are primarily non-quantifiable. DoD is responding to statute to exclude from the TRS program service members eligible for FEHB. No savings will accrue to DoD as a result of this match. Eligible beneficiaries will receive care they are entitled to under the law. By law, a cost benefit analysis must be prepared unless a waiver is sought. See paragraph XII for a “Waiver of Cost Benefit Analysis” statement.
F. Description of the Records
(1) Systems of Records (SOR). DoD will use the SOR identified as DMDC 02, entitled “Defense Enrollment Eligibility Reporting System (DEERS)” as amended by 74 Fed. Reg. 18356 (April 22, 2009). SSNs of DoD TRS Sponsors will be released to USPS pursuant to the routine use set forth in the system notice, which provides that data may be released to USPS “for support of the DEERS enrollment process and to identify individuals not entitled to health care under TRS.” (A copy of the system notice is given at Attachment 1).
Identification and FEHB status of DoD TRS sponsors will be provided by USPS to validate the eligibility statutory requirement of the TRS program. Therefore, eligibility information may also be maintained in the SOR identified as USPS 100.400, Personnel Compensation and Payroll Records—given at attachment 2.
(2) Number of Records. DMDC will submit an initial file containing the SSNs, Names, and DOB of TRS enrolled Selected Reservists for matching against the USPS Payroll database, and will submit subsequent finder files on a semi-annual basis thereafter. USPS will provide a reply file containing all appropriate matched and failed responses.
(3) Specified Data Elements. See Attachment 4 for a sample record format for the finder file and the reply file.
(4) Operational Time Factors. DMDC will forward the initial finder file of TRS sponsors to USPS after the Congressional and OMB review and public comment requirements, mandated by the Privacy Act, have been satisfied. USPS will provide a response file no later than 30 business days after receipt of the initial finder file. Subsequent finder files, submitted on a semi-annual basis, will receive a response within approximately 30 business days of receipt. USPS Payroll requires the reporting of the Health plan semi-annually; March and September. The file is usually available for use from 60 to 90 days after the end of the month.
G. Notice Procedures
TRICARE Management Activity (TMA) will inform all TRS sponsors of computer matching activities at the time of enrollment by means of the encounter statement on DD–Form 2896–1, also known as the TRS Request Form. This form is used to coordinate enrollment into the TRS program. TRS sponsors will certify at the time of enrollment they are not eligible for FEHB.
In order to provide direct notice, DMDC first needs the information from USPS to identify TRS participants who are FEHB eligible. Once DMDC receives that information, the TRS sponsors who are identified by USPS as FEHB eligible will be provided to each RC. The RC will verify the eligibility information and request the service member to terminate TRS coverage if the USPS information is correct or to seek Reserve component assistance to correct their FEHB eligibility information in USPS Payroll if USPS data is incorrect. TMA will also provide qualifying information for TRS to Selected Reserve members and TRS participants through beneficiary handbooks, pamphlets, educational materials, press releases, briefings, and via the TMA Web site.
Any deficiencies, as to direct notice to the individual for the matching program are solved by the indirect or constructive notice that is afforded the individual by agency publication in the Federal Register of both the (1) applicable routine use notice, as required by subsection (e) (11) of the Privacy Act, permitting the disclosure of FEHB eligibility information for DEERS TRS eligibility purposes, and (2) the proposed match notice, as required by subsection (e) (12) of the Privacy Act, announcing the agency's intent to conduct computer matching for verification of TRS for eligibility purposes.
H. Verification and Opportunity To Contest Findings
(1) Verification: The Reserve components, in support of OSD/RA, are responsible for resolving FEHB eligibility based on the data provided by DMDC from the USPS reply file, where inconsistencies exist.
(2) Any discrepancies as furnished by USPS, or developed as a result of the match, will be independently investigated and verified by the RCs, in support of OSD/RA, prior to any adverse action being taken against the individual.
(3) Opportunity to Contest Findings: Based on the OSD/RA policy the RCs agree to provide written notice to each individual whom DoD believes is no longer eligible for the TRS health benefits based on the USPS file match.
(4) If the individual fails to terminate coverage or notify the Reserve component that the information is not accurate within 30 days from the date of the notice, DoD will forward the information to the Reserve component TRS Program Manager for final resolution.
I. Retention and Disposition of Identifiable Records
USPS will retain all Personal identifiable records received from DMDC/DoD only for the period of time required for any processing related to the matching program. USPS will delete the DMDC/DoD file upon completion of the match.
The electronic data provided as part of the matching program will remain the property of the agency furnishing the files and will be destroyed after the matching program is completed, but not more than ninety (90) days after receipt of the electronic data, except for those records that must be retained in the individual's permanent case file in order to meet evidentiary requirements. In any such case, the agency will destroy the data once it is no longer needed. Destruction will be accomplished by shredding, burning or electronic erasure.
Neither USPS nor DMDC/DoD will create a separate permanent file or system that consists of information concerning only those individuals who are involved in the specific matching program except as necessary to monitor the results of the matching program. As soon as set-up processing for the next match has been completed and any duplicated hits identified, the information generated through the match will be destroyed unless the information must be retained to meet evidential requirements.
J. Security Procedures
(1) DoD and USPS will safeguard information provided under this agreement as follows: Each agency shall establish appropriate administrative, technical, and physical safeguards to assure the security and confidentiality of records and to protect against any anticipated threats or hazard to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained. All activities pursuant to this Agreement shall comply with all security procedures outlined in Handbook AS–805 of the Postal Service.
(2) Access to the records matched, and to any records created by the match, will be restricted only to those authorized employees and officials who need it to perform their official duties in connection with the uses of the information authorized in this agreement.
(3) The records matched, and any records created by the match, will be stored in an area that is physically safe from access by unauthorized persons during duty hours as well as non-duty hours or when not in use.
(4) The records matched, and any records created by the match, will be processed under the immediate supervision and control of authorized personnel, to protect the confidentiality of the records in such a way that unauthorized persons cannot retrieve any such records by means of computer, remote terminal or other means.
(5) All personnel who will have access to the records exchanged and to any records created by this exchange will be advised of the confidential nature of the information, the safeguards required to protect the information and the civil and criminal sanctions for noncompliance contained in applicable Federal Laws.
K. Records Usage, Duplication and Redisclosure Restrictions
(1) The matching files exchanged under this agreement remain the property of the providing agency and will be destroyed after match activity involving the files has been completed under this program as provided above in Section I.
(2) The data exchanged under this agreement will be used and accessed only for the purpose of determining eligibility for care under the TRS program.
(3) Neither DMDC nor USPS will extract information from the electronic data files concerning the individuals that are described therein for any purpose not stated in this agreement.
(4) Except as provided in this agreement, neither DMDC nor USPS will duplicate or disseminate the data produced without the disclosing agency's permission. Neither agency shall give such permission unless the re-disclosure is required by law or essential to the conduct of the matching program. In such cases, DMDC and USPS will specify in writing what records are being disclosed, and to whom, and the reasons that justify such re-disclosure.
L. Records Accuracy Assessments
DMDC estimates that at least 99% of the information in the finder file is accurate based on their operational experience. USPS estimates that at least 99% of the information on the reply file is accurate based on their operational experience.
M. Reimbursement/Funding
Expenses incurred by this data exchange will not involve any payments or reimbursements between USPS and DoD.
N. Approval and Duration of Agreement
(1) This matching agreement, as signed by representatives of both agencies and approved by the respective agency's Data Integrity Board (DIB) and shall be valid for a period of 18 months from the effective date of the agreement.
(2) When this agreement is approved and signed by the Chairpersons of both agencies Data Integrity Board's, the USPS, as the matching agency, will submit the agreement and the proposed public notice of the match as attachments in duplicate via a transmittal letter to OMB and Congress for review. The time period for review begins as of the date of the transmittal letter.
(3) USPS will forward the public notice of the proposed matching program for publication in the Federal Register, as required by subsection (e) (12) of the Privacy Act, the same time the transmittal letter is forwarded to OMB and Congress. The matching notice will clearly identify the record systems and category of records being used and state that the program is subject to review by OMB and Congress. A copy of the published notice shall be provided to the DoD.
(4) 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 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.
(5) This agreement will be in effect as long as the statutory requirement for the data match exists, subject to the Privacy Act, including certification by the both participating agencies to the responsible DoD DIB or USPS Information Security Group that:
(i) The matching program will be conducted without change, and
(ii) The matching program has been conducted in compliance with the original agreement.
(6) This agreement may be modified at any time by a written modification to this agreement that satisfies both parties and is approved by the DoD DIB and the USPS Information Security Group of each agency.
(7) This agreement may be terminated at any time with the consent of both parties. If either party does not want to continue this program, it should notify the other party of its intention not to continue at least 90 days before the end of the then current period of the agreement. Either party may unilaterally terminate this agreement upon written notice to the other party requesting termination, in which case the termination shall be effective 90 days after the date of the notice or at a later date specified in the notice provided the expiration date does not exceed the original or the extended completion date of the match.
O. Waiver of Cost Benefit Analysis
The purpose of this matching program is to verify the eligibility of TRS Selected Reserve sponsors enrolled in TRS. By statute, such coverage may only be provided if the person is not eligible for FEHB. It has been determined that FEHB eligible information for applicable Reservists can only be obtained from USPS. Without this information, a determination of continued eligibility cannot be made and matching must occur irrespective of the associated cost or anticipated benefits. Accordingly, the cost benefit analysis is waived.
P. Persons To Contact
The contacts on behalf of DoD are:
Mr. Samuel P. Jenkins, Director, Defense Privacy Office, 1901 S. Bell Street, Suite 920, Arlington, VA 22202, (703) 607–2943;
Mr. David M. Percich, Director for Reserve Systems Integration, Office of the Secretary of Defense for Reserve Affairs, 1500 Defense Pentagon, Washington DC 20301–1150, (703) 693–7490;
Ms. Janine Groth, Chief DEERS Division, Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Rd., Seaside, CA. 93955–6771, (831) 583–2400 x4173.
The contact on behalf of USPS is:
Mr. Alan Ruof, Manager Benefits Programs, Compensation, 475 L'Enfant Plaza, SW., Washington. DC 20260–4210, (202) 268–4187, (202) 268–3337 fax, e-mail: malan.alan.ruof@usps.gov.
Q. Approvals
Department of Defense Program Official
The authorized program officials, whose signatures appear below, accept and expressly agree to the terms and conditions expressed herein, confirm that no verbal agreements of any kind shall be binding or recognized, and hereby commit their respective organizations to the terms of this agreement.
Guy A. Stratton, Staff Director to Deputy Assistant Secretary of Defense for Reserve Affairs, Manpower and Personnel, Office of the Secretary of Defense for Reserve Affairs;
Mary Snavely-Dixon, Director, Defense Manpower Data Center.
Data Integrity Boards
The respective DIBs having reviewed this agreement and finding that it complies with applicable statutory and regulatory guidelines signify their respective approval thereof by the signature of the officials appearing below.
Mr. Michael L Rhodes, Acting Chairperson, Data Integrity Board, Department of Defense.
R. USPS Program Official
The authorized program officials, whose signatures appear below, accept and expressly agree to the terms and conditions expressed herein, confirm that no verbal agreements of any kind shall be binding or recognized, and hereby commit their respective organizations to the terms of this agreement.
USPS United States Postal Service Program Official
Rowena C. Dufford, Acting Chief Privacy Officer, Acting Secretary, Data Integrity Board, United States Postal Service.
Data Integrity Boards
The respective DIBs having reviewed this agreement and finding that it complies with applicable statutory and regulatory guidelines signify their respective approval thereof by the signature of the officials appearing below.
Delores J. Killette, Vice President and Consumer Advocate, Chairperson, Data Integrity Board, United States Postal Service.
[74 FR 63800, December 4, 2008]
[TOP]
POSTAL SERVICE
Privacy Act of 1974, Data Comparison Program—Postal Service and Public Sex Offender Registries
AGENCY:
Postal ServiceTM.
ACTION:
Notice of Data Comparison Program—Postal Service and public sex offender registries via the Dru Sjodin National Sex Offender Public Web site maintained by the Department of Justice.
SUMMARY:
The United States Postal Service® (Postal Service) plans to conduct an ongoing data comparison program to identify any current Postal Service employees who are required by law to register on a public registry of sex offenders. These registries contain information about individuals who are statutorily required to register, having committed offenses of sexual violence against adults or children, certain other crimes against victims who are minors, or other comparable offenses. Under the guidelines created by the Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act), the Dru Sjodin National Sex Offender Public Web site (NSOPW) was created and coordinated by the U.S. Department of Justice (DOJ) as a cooperative effort between the agencies hosting public sexual offender registries and the Federal government. The NSOPW is a search tool allowing a user to submit a single national query to obtain information about sex offenders through a number of search options. The Postal Service has procured software that enables it to conduct multiple simultaneous queries of the NSOPW via a secure line to the DOJ NSOPW. The software queries the public registries for each employee and returns a match, if found, to a secured database. No Postal Service employee information is ever shared with the DOJ or stored outside of the Postal Service's control. The Postal Service will compare its payroll database of current employees against public records using the NSOPW search tool. The Postal Service is undertaking this initiative to ascertain the suitability of individuals for certain positions or employment and to protect the integrity of its brand.
DATES:
The comparison program will become effective no sooner than 30 days after notice of the comparison program is published in the Federal Register and sent to the DOJ, Congress, and the Office of Management and Budget (OMB). The comparison program will be ongoing.
ADDRESSES:
Written comments on this proposal should be mailed or delivered to the Records Office, Postal Service, 475 L'Enfant Plaza, SW., Room 5846, Washington, DC 20260–5353. Copies of all written comments will be available at the above address for public inspection and photocopying between 8 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Jane Eyre at 202–268–2608.
SUPPLEMENTARY INFORMATION:
The Postal Service seeks to provide the public with accurate and efficient mail delivery to the more than 144 million businesses and residences in this country. Given the public nature of the Postal Service, published standards of conduct for Postal Service employees prohibit any employee from engaging in criminal, dishonest, or similar prejudicial conduct. The Postal Service plans to extract records for each current employee (first and last name, city of residence, state, and ZIPTM Code) from its Privacy Act System of Records (USPS 100.400), Personnel Compensation and Payroll Records, and will compare the records with public sex offender records using the NSOPW search tool maintained by the DOJ under the authority of the Walsh Act. The NSOPW search tool accesses databases of public information about individuals who have been required as a matter of law to register on a sexual offender public registry. This comparison program does not constitute a computer matching program, subject to the provisions of the Privacy Act, because the Postal Service is comparing data in its own Privacy Act Systems of Records with publicly available records. Records will not be disclosed to any other agency for purposes of this comparison. Nevertheless, the Postal Service is providing public notice of the proposed program and will conduct the program in the manner described below to ensure that the interests of postal employees are fully protected.
After extensively verifying the accuracy of the information, the Postal Service will use the data to determine whether the reported offenses may impact an individual's suitability for certain positions or employment and to protect the integrity of the Postal Service's brand. The Postal Service will analyze each occurrence on a case-by-case basis to determine the appropriate action to take, if any. In this regard, the Postal Service will consider the seriousness of the offense, the date of the offense, the nature of the employee's position with the Postal Service, and any other factors that may be relevant to the individual case.
The Postal Service will make extensive efforts to ensure that the data is accurate. Postal Inspectors will review the match report in order to verify that the person identified via the NSOPW is in fact a Postal Service employee. A postal inspector will then determine whether the person is properly included on the public registry by reviewing the relevant facts about the offense from information furnished by relevant law enforcement agencies, such as the arresting agency. The postal inspector will refer instances where the employee failed to provide any required notice of the offense to Postal Service management, or other instances considered employee misconduct, to the Office of Inspector General (OIG). The inspector or OIG special agent will prepare an investigative memorandum or report of investigation, respectively, which will be sent to the individual employee's installation head. The installation head will ensure that a case-by-case analysis is conducted regarding the appropriate action to be taken. The Postal Service will provide at least 30 days advance notice prior to the initiation of any adverse action against a matched individual (unless the Postal Service determines that public health or safety may be affected or threatened pursuant to 5 U.S.C. 552a(p)(3)).
The privacy of employees will be safeguarded and protected. The Postal Service will manage all data in strict accordance with the Privacy Act of 1974. Data extracted from the relevant Postal Service System of Records (USPS 100.400) for comparison will not be shared with the DOJ, state agencies, territories, Indian Nations, or any other person or organization, except as authorized by the Privacy Act or required by the Freedom of Information Act. Any verified data that is maintained will be managed within the parameters of the Privacy Act System of Records USPS 700.000, Inspection Service Investigative File System (last published April 29, 2005 (Volume 70, Number 82)); and, for cases referred to the OIG, data that is maintained will also be managed within the parameters of Privacy Act System of Records USPS 700.300, Inspector General Investigative Records (last published June 14, 2006 (Volume 71, Number 114)).
Key privacy features of the data comparison program include the following:
• Requiring that the identity of matched individuals be verified and that the relevant facts of the offense be confirmed;
• Requiring appropriate security controls for the comparison;
• Providing protections for employees who appear as an initial match but who are not subsequently verified as belonging on the state registry of offenders; and
• Requiring the Postal Service to complete the verification and provide at least 30 days advance notice prior to the initiation of any adverse action against a matched individual (unless the Postal Service determines that public health and safety may be affected or threatened pursuant to 5 U.S.C. 552a(p)(3), or as otherwise provided by 5 U.S.C. 7513(b), relevant collective bargaining provisions, and Postal Service regulations).
Neva Watson,
Attorney, Legislative.
[74 FR 65172, December 9, 2009]
[TOP]
RAILROAD RETIREMENT BOARD
Privacy Act of 1974, as Amended; Match Number 1007)
AGENCY:
Railroad Retirement Board (RRB).
ACTION:
Notice of records used in computer matching programs; Notification to individuals who are railroad employees, or applicants and beneficiaries under the Railroad Retirement Act or who are applicants or beneficiaries under the Social Security Act.
SUMMARY:
As required by the Privacy Act, as amended, RRB is issuing public notice of its use and intent to use, in ongoing matching programs, information obtained from the Social Security Administration (SSA) of the amount of wages reported to SSA and the amount of benefits paid by that agency. The RRB is also issuing public notice, on behalf of SSA, of SSA's use and intent to use, in ongoing matching programs, information obtained from the RRB of the amount of railroad earnings reported to the RRB.
The purposes of this notice are (1) to advise individuals applying for or receiving benefits under the Railroad Retirement Act of the use made by RRB of this information obtained from SSA by means of a computer match and (2) to advise individuals applying for or receiving benefits under the Social Security Act of the use made by SSA of this information obtained from RRB by means of a computer match.
ADDRESSES:
Interested parties may comment on this notice by writing to Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092.
FOR FURTHER INFORMATION CONTACT:
Lynn Harvey, Chief Privacy Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092, telephone 312–751–4869, e-mail lynn.harvey@rrb.gov.
SUPPLEMENTARY INFORMATION:
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 agencies of the Federal Government could be performed and adding certain protections for individuals 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 individuals. 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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments. The last notice for this matching program was published at 70 FR 59378 (October 12, 2005).
Name of Participating Agencies: Social Security Administration (SSA) and Railroad Retirement Board (RRB).
Purpose of the Match: The RRB will, on a daily basis, obtain from SSA a record of the wages reported to SSA for persons who have applied for benefits under the Railroad Retirement Act and a record of the amount of benefits paid by that agency to persons who are receiving or have applied for benefits under the Railroad Retirement Act. The wage information is needed to compute the amount of the tier I annuity component provided by sections 3(a), 4(a) and 4(f) of the Railroad Retirement Act (45 U.S.C. 231b(a), 45 U.S.C. 231c(a) and 45 U.S.C. 231c(f). The benefit information is needed to adjust the tier I annuity component for the receipt of the Social Security benefit. This information is available from no other source.
In addition, the RRB will receive from SSA the amount of certain Social Security benefits which the RRB pays on behalf of SSA. Section 7(b)(2) of the Railroad Retirement Act (45 U.S.C. 231f(b)(2)) provides that the RRB shall make the payment of certain Social Security benefits. The RRB also requires this information in order to adjust the amount of any annuity due to the receipt of a Social Security benefit. Section 10(a) of the Railroad Retirement Act (45 U.S.C. 231i(a)) permits the RRB to recover any overpayment from the accrual of Social Security benefits. This information is not available from any other source.
Thirdly, once a year the RRB will receive from SSA a copy of SSA's Master Benefit Record for earmarked RRB annuitants. Section 7(b)(7) of the Railroad Retirement Act (45 U.S.C. 231f(b)(7) requires that SSA provide the requested information. The RRB needs this information to make the necessary cost-of-living computation quickly and accurately for those RRB annuitants who are also SSA beneficiaries.
SSA will receive weekly from RRB earnings information for all railroad employees. SSA will match the identifying information of the records furnished by the RRB against the identifying information contained in its Master Benefit Record and its Master Earnings File. If there is a match, SSA will use the RRB earnings to adjust the amount of Social Security benefits in its Annual Earnings Reappraisal Operation (AERO). This information is available from no other source.
SSA will also receive daily from RRB earnings information on selected individuals. The transfer of information may be initiated either by RRB or by SSA. SSA needs this information to determine eligibility to Social Security benefits and, if eligibility is met, to determine the benefit amount payable. Section 18 of the Railroad Retirement Act (45 U.S.C. 231q(2)) requires that earnings considered as compensation under the Railroad Retirement Act be considered as wages under the Social Security Act for the purposes of determining entitlement under the Social Security Act if the person has less than 10 years of railroad service or has 10 or more years of service but does not have a current connection with the railroad industry at the time of his/her death.
Authority for Conducting the Match: Section 7(b)(7) of the Railroad Retirement Act (45 U.S.C. 231f(b)(7)) provides that the Social Security Administration shall supply information necessary to administer the Railroad Retirement Act. Sections 202, 205(o) and 215(f) of the Social Security Act (42 U.S.C. 402, 405(o) and 415(f) relate to benefit provisions, inclusion of railroad compensation together with wages for payment of benefits under certain circumstances, and the re-computation of benefits.
Categories of Records and Individuals Covered: All applicants for benefits under the Railroad Retirement Act and current beneficiaries will have a record of any Social Security wages and the amount of any Social Security benefits furnished to the RRB by SSA. In addition, all persons who ever worked in the railroad industry after 1936 will have a record of their service and compensation furnished to SSA by RRB. The applicable Privacy Act Systems of Records used in the matching program are as follows: RRB–5, Master File of Railroad Employees' Creditable Compensation; RRB–22, Railroad Retirement, Survivor, Pensioner Benefit System; SSA/OSR, 09–60–0090, Master Beneficiary Record (MBR); and SSA/OSR, 09–60–0059, Master Earnings File (MEF).
Inclusive Dates of the Matching Program: The consolidated matching program shall become effective no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget (OMB), or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
The notice we are giving here is in addition to any individual notice that may be given.
A copy of this notice will be or has been furnished to the Office of Management and Budget and the designated committees of both houses of Congress.
Dated: May 27, 2008.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[73 FR 31516, June 2, 2008]
[TOP]
RAILROAD RETIREMENT BOARD
Computer Matching and Privacy Protection Act of 1988; Records Used in Computer Matching Programs
AGENCY:
Railroad Retirement Board (RRB).
ACTION:
Notice of records used in computer matching programs notification to individuals who are receiving or have received benefits under the Railroad Unemployment Insurance Act.
SUMMARY:
As required by the Computer Matching and Privacy Protection Act of 1988, the RRB is issuing a public notice of its use and intent to use, in ongoing computer matching programs, certain information obtained from State agencies with respect to individuals who received benefits under the Railroad Unemployment Insurance Act. The information may consist of either (1) report of unemployment or sickness payments made by the State for the same period that benefits were paid by the RRB or (2) wages and names and addresses of employers who reported wages to the State for the same period that benefits were paid by the RRB.
The purpose of this notice is to advise individuals applying for or receiving benefits under the Railroad Unemployment Insurance Act of the use made by the RRB of this information obtained from State agencies by means of a computer match.
DATES:
Submit comments on or before February 16, 2010.
ADDRESSES:
Address any comments concerning this notice to Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092.
FOR FURTHER INFORMATION CONTACT:
Mr. Timothy Grant, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092, telephone number (312) 751–4869.
SUPPLEMENTARY INFORMATION:
Under certain circumstances, the Computer Matching and Privacy Protection Act of 1988, Public Law 100–503, requires a Federal agency participating in a computer matching program to publish a notice in the Federal Register regarding the establishment of that matching program. Such a notice must include information in the following first five categories:
Name of Participating Agencies: The Railroad Retirement Board and agencies of all 50 States.
Purpose of the Match: To identify individuals who have improperly collected benefits provided by the RRB while earning remuneration in non-railroad employment or while collecting unemployment or sickness benefits paid by a State agency.
Authority for Conducting the Match: 45 U.S.C. Sections 231(b) and 362(f) and 42 U.S.C. Section 503(c)(1).
Categories of Records and Individuals Covered: All recipients of benefits under the Railroad Unemployment Insurance Act during a given period who reside in the States with which the RRB has negotiated a matching program agreement. Records furnished by the States are covered under Privacy Act system of records RRB–21, Railroad Unemployment and Sickness Insurance Benefit System.
Inclusive Dates of the Matching Program: Agreements with the individual States will run for either 12 or 18 months. The number of matches conducted with each State during the period of the match will vary from State to State, ranging from 2 to 4 depending on whether the agreement provides for matches to be conducted quarterly or every six months.
Procedure: The RRB will furnish the State agency a file of records. The data elements will consist of beneficiary identifying information, such as the name and Social Security Number (SSN), as well as the overall period during which the individual received benefits under the Railroad Unemployment Insurance. The State agency will match on the identifying information.
If the matching operation reveals that the individual who had received benefits under the Railroad Unemployment Insurance Act also received either unemployment or sickness insurance benefits from the State for any days in the period, the State agency will notify the RRB. Depending on arrangements made between the two jurisdictions, and, in the case of State sickness benefits on the applicable State law, either the RRB or the State agency will attempt to recover the amount of the duplicate payments.
If the matching operation reveals that wages had been reported for the individual during the requested period, the State will notify the RRB of this fact and furnish a breakdown of the wages and the name and address of each employer who reported earnings for the individual. The RRB will then write each employer who reported earnings for the individual for the given period. Only if the employment is verified will the RRB take action to recover the overpayment. If the RRB benefits had been paid under the Railroad Unemployment Insurance Act, recovery is limited to payments made for days on which the individual was gainfully employed.
Other Information: The notice we are giving here is in addition to any individual notice.
A copy of this notice will be furnished to both Houses of Congress and the Office of Management and Budget.
Dated: December 9, 2009.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[74 FR 66389, December 15, 2009]
[TOP]
SELECTIVE SERVICE SYSTEM
Computer Matching Between the Selective Service System and the Department of Education
AGENCY:
Selective Service System.
ACTION:
Notice.
In accordance with 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), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989)), and OMB Bulletin 89–22, the following information is provided:
1. Name of Participating Agencies
The Selective Service System (SSS) and the Department of Education (ED).
2. Purpose of the Match
The purpose of this matching program is to ensure that the requirements of Section 12(f) of the Military Selective Service System Act [50 U.S.C. App. 462 (f)] are met. This program has been in effect since December 6, 1985.
3. Authority for Conducting the Matching
Computerized access to the Selective Service Registrant Registration Records (SSS 10) enables ED to confirm the registration status of applicants for assistance under Title IV of the Higher Education Act of 1965 (HEA), as amended (20 U.S.C. 1070 et seq.). Section 12(f) of the Military Selective Service Act, as amended [50 U.S.C. App. 462(f)], denies eligibility for any form of assistance or benefit under Title IV of the HEA to any person required to present himself for and submit to registration under Section 3 of the Military Selective Service System Act [50 U.S.C. App. 453] who fails to do so in accordance with that section and any rules and regulations issued under that section. In addition, Section 12(f)(2) of the Military Selective Service System Act specifies that any person required to present himself for and submit to registration under Section 3 of the Military Selective Service System Act must file a statement with the institution of higher education where the person intends to attend or is attending that he is in compliance with the Military Selective Service System Act. Furthermore, Section 12(f)(3) of the Military Selective Service System Act authorizes the Secretary of Education, in agreement with the Director of the Selective Service, to prescribe methods for verifying the statements of compliance filed by students.
Section 484(n) of the HEA [20 U.S.C. 1091(n)], requires the Secretary to conduct data base matches with SSS, using common demographic data elements, to enforce the Selective Service registration provisions of the Military Selective Service Act [50 U.S.C. App. 462(f)], and further states that appropriate confirmation of a person's shall fulfill the requirement to file a separate statement of compliance.
4. Categories of Records and Individuals Covered
1. Federal Student Aid Application File (18–11–01).
Individuals covered are men born after December 31, 1959, but at least 18 years old by January 1 of the applicable award year.
2. Selective Service Registration Records (SSS 10).
5. Inclusive Dates of the Matching Program
Commence on January 2, 2010 or 40 days after copies of the matching agreement are transmitted simultaneously to the Committee on Government Affairs of the Senate, the Committee on Government Operations of the House of Representatives, and the Office of Management and Budget, whichever is later, and remain in effect for eighteen months unless earlier terminated or modified by agreement of the parties.
6. Address for Receipt of Public Comments or Inquires
Mr. Gastón Naranjo, Selective Service System, 1515 Wilson Boulevard, Arlington, Virginia 22209–2425.
Dated: November 17, 2009.
Ernest E. Garcia,
Acting Director.
[74 FR 61198, November 23, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2008–0010]
Privacy Act of 1974 as Amended; Computer Matching Program; (SSA/Office of Personnel Management (OPM) Match Numbers 1005, 1019, 1020, 1021)
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program which is scheduled to expire on April 6, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with OPM.
DATES:
SSA 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 renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefax to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: February 20, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With the Office of Personnel Management (OPM)
A. Participating Agencies
SSA and OPM.
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions, terms and safeguards under which OPM agrees to the disclosure of civil service benefit and payment data to SSA. The old-age, survivors, disability insurance (OASDI), supplemental security income (SSI), and special veterans' benefits (SVB) programs administered by SSA will use the match results under this agreement. The OASDI programs are social insurance programs. The SSI program pays benefits to aged, blind and disabled recipients with incomes below levels established by law and regulations. The SVB program provides special benefits to certain World War II veterans. The results of the matching operations are used to determine SSI eligibility and to determine beneficiaries whose benefits should be reduced due to the Public Disability Benefit offset provision, the Windfall Elimination Provision, and the Government Pension Offset provision.
C. Authority for Conducting the Matching Program
The legal authority for SSA to conduct this matching activity for SSI purposes is contained in section 1631(e)(1)(B) and (f) of the Social Security Act (42 U.S.C. 1383(e)(1)(B) and (f)) and for the SVB program as authorized by section 806 of the Social Security Act (42 U.S.C. 1006). Section 224 of the Social Security Act, 42 U.S.C. 424a, provides for the reduction of Social Security disability benefits when the disabled worker is also entitled to a Public Disability Benefit. Sections 215(a)(7) and 215(d)(3) of the Social Security Act (42 U.S.C. 415(a)(7) and 415(d)(3)) provide for a modified benefit computation to be used for certain beneficiaries who are concurrently entitled to both Social Security benefits and a monthly periodic payment based in whole or in part on employment not covered by Social Security, including a civil service benefit. This modified benefit computation is called the Windfall Elimination Provision. Section 202(k)(5)(A) of the Social Security Act (42 U.S.C. 402(k)(5)(A)) requires that SSA reduce the Social Security benefits of certain beneficiaries entitled to Social Security spouse's benefits who are also entitled to a government pension based on their own noncovered earnings. This reduction is referred to as Government Pension Offset.
D. Categories of Records and Individuals Covered by the Matching Program
Monthly, OPM will provide SSA with an electronic file containing civil service benefit and payment data from the annuity and survivor master file. The Federal Register designation for the OPM file is OPM/Central-1 Civil Service Retirement and Insurance Records. Pursuant to 5 U.S.C. 552a(b)(3), OPM has established routine uses to disclose the subject information to SSA.
Each record on the OPM file will be matched for Social Security Number (SSN) verification to SSA's Master Files of SSN Holders and SSN Applications. The Federal Register designation for the SSA file is Master Files of SSN Holders and SSN Applications, SSA/OSR, 60–0058. Those records verified will then be matched to SSA's SSI and SVB payment information maintained in the SSR and SVB. The Federal Register designation for the SSA file is SSR and SVB, SSA/OSR, 60–0103.
The file will also contain information about each new disability annuitant and annuitants whose disability benefits have changed from previous reports. The Federal Register designation for the OPM file is also OPM/Central-1 Civil Service Retirement and Insurance Records. Pursuant to 5 U.S.C. 552a(b)(3), OPM has established routine uses to disclose the subject information to SSA.
Each record on the OPM file will be matched for Social Security Number (SSN) verification to SSA's Master Files of SSN Holders and SSN Applications. The Federal Register designation for the SSA file is Master Files of SSN Holders and SSN Applications, SSA/OSR, 60–0058. Those records verified will then be matched to DI records on the MBR to identify DI beneficiaries who may be subject to PDB offset. Those records verified will also be matched to SSA's MBR for WEP and GPO purposes. The Federal Register designation for the SSA file is MBR, SSA/OSR, 60–0090.
This monthly file contains approximately 25,000 records. OPM will provide SSA with the entire master annuity file of approximately 2.7 million records once yearly for the month of the civil service cost-of-living allowance.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[73 FR 11979, March 5, 2008]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2008–0026]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of Labor (DOL) Match Number 1003))
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program which is scheduled to expire on May 15, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with DOL.
DATES:
SSA 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 renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefax to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: April 22, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, SSA With DOL
A. Participating Agencies
SSA and DOL.
B. Purpose of the Matching Program
This computer matching agreement sets forth the responsibilities of SSA and DOL with respect to information disclosed pursuant to this agreement and is executed under the Privacy Act of 1974, 5 U.S.C. 552a, as amended by the Computer Matching and Privacy Protection Act of 1988, as amended, and the regulations promulgated thereunder. It establishes the conditions under which the DOL agrees to the disclosure of Part C Black Lung (BL) benefit data (DOL administered) to SSA. SSA will match DOL's Part C BL data with SSA's records of persons receiving Social Security disability benefits in order to verify that recipients of Part C BL benefits are receiving the correct amount of Social Security disability benefits.
C. Authority for Conducting the Matching Program
Section 224(h)(1) of the Social Security Act (the Act), 42 U.S.C. 424a(h)(1), requires any Federal Agency to provide SSA with information in its possession that SSA may require for purposes of making a timely determination of the amount of reduction required under section 224 of the Act; e.g., workers' compensation offset.
D. Categories of Records and Individuals Covered by the Matching Program
DOL will provide a file each month in a format defined by SSA. This file will contain the necessary identifying and payment information for all live miners, under age 65, entitled to Part C BL payments. This file contains records of approximately 89,000 individuals whose DOL records SSA will need to run against the MBR.
SSA will match the Master Beneficiary Record (MBR), SSA/OEEAS 60–0090, which contains all data pertinent to the payment of SSA beneficiaries, with an extract from DOL, Office of Workers' Compensation Programs BL Benefit Payments File, DOL/ESA–30. DOL has published an appropriate routine use to permit the disclosures necessary to conduct this match.
E. Inclusive Dates of the Matching Program
The matching program will become effective upon signing of the agreement by all parties to the agreement and approval of the agreement by the Data Integrity Boards of the respective agencies, but no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[73 FR 23522, April 30, 2008]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2008–0013]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Internal Revenue Service (IRS) Match Number 1016)
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program, which is scheduled to expire on June 30, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with the IRS.
DATES:
IRS 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 renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefax to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: May 22, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With Internal Revenue Service (IRS)
A. Participating Agencies
SSA and IRS.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the conditions, terms, and safeguards under which IRS agrees to disclose to SSA certain return information for use in verifying eligibility for, and/or the correct amount of, benefits provided under Title XVI of the Social Security Act to qualified aged, blind and disabled individuals, and federally administered supplementary payments of the type described in section 1616(a) of such Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66, 87 Stat. 152).
C. Authority for Conducting the Matching Program
Section 6103(l)(7) of the Internal Revenue Code (26 U.S.C. 6103(l)(7)) authorizes the IRS to disclose return information with respect to unearned income to Federal, State, and local agencies administering certain federally assisted benefit programs under the Social Security Act and the Food Stamp Act of 1977.
Section 1631(e)(1)(B) of the Social Security Act (42 U.S.C. 1383(e)(1)(B)) requires verification of Supplemental Security Income (SSI) eligibility and benefit amounts with independent or collateral sources. This section of the Act also provides that the “Commissioner of Social Security shall, as may be necessary, request and utilize information available pursuant to section 6103(l)(7) of the Internal Revenue Code of 1954 * * *” for purposes of federally administered supplementary payments of the type described in section 1616(a) of the Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66).
D. Categories of Records and Individuals Covered by the Matching Program
SSA will provide the IRS with identifying information with respect to applicants for and recipients of Title XVI benefits available under programs specified in this Agreement from the Supplemental Security Income Record and Special Veterans Benefits (SSR), SSA/OASSIS 60–0103, as published at 71FR 1796, 1830–1834 (January 11, 2006). IRS will extract return information with respect to unearned income from the Wage and Information Returns (IRP) Processing File, Treas/IRS 22.061, hereafter referred to as the Information Return Master File (IRMF), as published at 66 FR 63797 (December 10, 2001), through the Disclosure of Information to Federal, State and Local Agencies (DIFSLA) program.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[73 FR 31531, June 2, 2008]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2008–0042]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Railroad Retirement Board (RRB))—Match Number 1006
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program, which is scheduled to expire on October 4, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with the RRB.
DATES:
SSA 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 renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (Pub. L.) 100–503), amended the Privacy Act (5 U.S.C. 552a) by describing the conditions under which computer matching involving Federal government could be performed and adding certain protections for individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: July 11, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With the Railroad Retirement Board (RRB)
A. Participating Agencies
SSA and RRB.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the conditions, safeguards and procedures under which the RRB agrees to disclose RRB annuity payment data to the SSA. This disclosure will provide SSA with information necessary to verify Supplemental Security Income (SSI) program and Special Veterans Benefits (SVB) eligibility and benefit payment amounts. It also helps to ensure that correct recording on the Supplemental Security Income Record (SSR) of railroad annuity amounts paid to SSI and SVB recipients by RRB. The SSI program provides payments to aged, blind and disabled recipients with income and resources at or below levels established by law and regulations. The SVB program provides similar benefits to certain World War II veterans.
C. Authority for Conducting the Matching Program
The legal authority for the SSI portion of this matching program is contained in sections 1631(e)(1)(A) and (B) and 1631(f) of the Social Security Act (“the Act”), (42 U.S.C. 1383 (e)(1)(A) and (B) and 1383(f)). The legal authority for the SVB portion of this matching program is contained in section 806(b) of the Act, (42 U.S.C. 1006 (b)).
D. Categories of Records and Individuals Covered by the Matching Program
On the basis of certain identifying information as provided by SSA to RRB, RRB will provide SSA with electronic files containing annuity payment data from RRB's system of records, RRB–22 Railroad Retirement, Survivor, and Pensioner Benefits System, entitled Checkwriting Integrated Computer Operation (CHICO) Benefit Payment Master. SSA will then match the RRB data with data maintained in the SSR, SSA/OASSIS, 60–0103 system of records. SVB data also resides on the SSR.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[73 FR 44308, July 30, 2008]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2008–0046]
Privacy Act of 1974, as Amended; Computer Matching Program; (SSA/Centers for Medicare and Medicaid (CMS) Match Number 1076)
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program which is scheduled to expire on October 15, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with CMS.
DATES:
SSA 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 renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefax to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: August 27, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With the Centers for Medicare and Medicaid (CMS)
A. Participating Agencies
SSA and CMS.
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions, terms and safeguards under which CMS agrees to the ongoing disclosure of certain skilled nursing facility admission data by CMS to SSA. CMS will disclose the data through a computer matching operation for SSA's use in identifying Supplemental Security Income (SSI) recipients who did not report their admission to a facility as required under applicable provisions of the Social Security Act (the Act). Such admission would subject the amount of SSI which an individual could receive for any month throughout which the individual is in such a facility to a reduced benefit rate. The SSI program provides payments to aged, blind and disabled recipients with income and resources below levels established by law and regulations.
SSA will use other benefit information for the Title VIII, Special Veterans' Benefits (SVB) determinations of entitlement and benefit amount. Other benefit information is defined as any recurring payment received as an annuity, pension, retirement or disability benefit. The match will be used to identify those SVB beneficiaries who are no longer residing outside the United States.
C. Authority for Conducting the Matching Program
This Matching Agreement between SSA and CMS is executed pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended (Pub. L. 100–503, the Computer Matching and Privacy Protection Act (CMPPA) of 1988), the Office of Management and Budget (OMB) Circular A–130, titled “Management of Federal Information Resources” at 61 FR 6428–6435 (February 20, 1996), and OMB guidelines pertaining to computer matching at 54 FR 25818 (June 19, 1989).
Legal authority for the SSI portion of the matching program described above is contained in sections 1611(e)(1)(A) and (B) and 1631(f) of the Act (42 U.S.C. 1382(e)(1)(A) and (B) and 1383(f)); see also 20 CFR 416.211.
Legal authority for the SVB portion of the matching program is contained in sections 801 and 806(a) and (b) of the Act (42 U.S.C. 1001 and 1006(a) and (b)).
D. Categories of Records and Individuals Covered by the Matching Program
SSA will provide CMS with a finder file on a monthly basis extracted from SSA's Supplemental Security Income Record and Special Veterans Benefits (SSR/SVB), SSA/ODSSIS 60–0103, with identifying information with respect to recipients of SSI benefits. CMS will match the SSA finder file against the system of records for individuals on the Long-Term Care Minimum Data Set (LTC/MDS 09–70–1517), and submit their reply file to SSA no later than 21 days after receipt of the SSA finder file. The Title VIII benefit information is included in the SSI system of records and is paid using SSA's SSI automated system. The indicator identifying Title VIII claims resides on the SSR, SSA/ODSSIS 60–0103, though it is not an SSI payment. Routine Use Number 19, effective January 11, 2006, allows disclosure to Federal, State or local agencies for administering cash or non-cash income maintenance or health maintenance programs.
The Finder File that SSA will furnish to CMS will contain approximately 6½ million records of recipients of SSI and SVB. CMS's Reply File will contain the matched records. Each matched record will include a certain number of relevant MDS CMS appended records. CMS will provide SSA with the Provider of Service Information on the facilities involved in the match (e.g., provider name, address, telephone number, date of admission, date of discharge, projected length of stay, and payment source). The number of records for individuals returned to SSA will approximate 25,000 monthly.
SSA will provide the Finder File to CMS as often as monthly. CMS will submit its Reply File to SSA no later than 21 days after receipt of the SSA Finder File.
This matching program employs systems which contain Protected Health Information (PHI) as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR 160 and 164, Subparts A and E) (65 FR 82462 (Dec. 28, 2000)). Disclosures of PHI authorized by these routine uses may only be made if, and as permitted, or required by the “Standard for Privacy of Individually Identifiable Health Information”.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[73 FR 53922, September 17, 2008]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2008–0040]
Privacy Act of 1974 as Amended; Computer Matching Program (SSA /Bureau of the Public Debt (BPD)—Match Number 1304)
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program which is scheduled to expire on September 30, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with BPD.
DATES:
SSA 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 renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: July 31, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With the Bureau of the Public Debt (BPD)
A. Participating Agencies
SSA and BPD.
B. Purpose of the Matching Program
The purpose of this agreement is to establish the conditions, terms and safeguards under which BPD, the Source Agency, agrees to disclose ownership of Savings Securities to SSA, the Recipient Agency. This disclosure will provide SSA with information necessary to verify an individual's self-certification of eligibility for prescription drug subsidy assistance under Public Law 108–173, the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA).
C. Authority for Conducting the Matching Program
The legal authority for SSA to conduct this matching activity is contained in section 1860D–14 (42 U.S.C.1395w–114) of the Social Security Act. Section 1860D–14 of the Act requires the Commissioner of SSA to verify the eligibility of an individual who seeks to be considered as a subsidy eligible individual for Part D of Medicare under the MMA, and who self-certifies his/her income, resources and family size. Pursuant to section 1860D–14(a)(3) of the Act (42 U.S.C.1395w–114(a)(3)), SSA shall determine whether a Part D eligible individual residing in a state is a subsidy eligible individual and whether the individual is an individual as described in section 1860D–14.
D. Categories of Records and Individuals Covered by the Matching Program
SSA will provide BPD with a finder file containing SSNs extracted from the Medicare database. BPD will match the SSNs in the finder file with the SSNs in its Savings Securities registration systems. This file will be formatted as stated in the attached Appendix. These records are included under the systems of records Treasury/BPD.002, United States Savings-Type Securities, and Treasury/BPD.008, Retail Treasury Securities Access Application, last published on July 23, 2008 at 73 FR 42906 and 42918, respectively. SSA will then match the BPD data with the new Medicare Part D and Part D Subsidy File system of records, SSA/ORSIS 60–0321, published at 69 FR 248 (December 28, 2004). As required by the Privacy Act, the Medicare Part D and Part D Subsidy File system of records was published in the Federal Register (Vol. 69, No. 248, pp. 77816–77822 [04–28302]) on Tuesday, December 28, 2004.
The number of records matched each year is determined in part by the number of people who file for subsidy for Part D. (In July 2007, there were 1,921,207 records matched.) BPD will perform the automated matching with its computer systems and provide the response file to SSA as soon as possible. This agreement covers the following matches:
(1) Screening for Potential Recipients
An ongoing monthly match of less than 200,000 potential applicants and those recipients who notify SSA of a change.
(2) Screening To Confirm Eligibility
Ongoing yearly matches of approximately two million recipients each year for confirming eligibility of individuals receiving Medicare Part D subsidy. SSA will substitute the yearly match file for the ongoing monthly match files and will not be a separate submission.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[73 FR 54197, September 18, 2008]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2008–0054]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of the Treasury, Bureau of the Public Debt (BPD))—Match Number 1038
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of an existing computer matching program which is scheduled to expire on December 25, 2008.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, we are announcing the renewal of an existing computer matching program we are currently conducting with BPD.
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 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) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100–503), amended the Privacy Act (5 U.S.C. 552a) by describing the manner in which computer matching involving Federal agencies could be performed and adding certain protections for individuals 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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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 an individual's benefits or payments.
B. SSA Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: December 4, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With the Bureau of the Public Debt (BPD)
A. Participating Agencies
SSA and BPD.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the conditions, safeguards and procedures for BPD's disclosure of certain savings security information to SSA. (The term “savings security” means Series E, EE or I United States Savings Securities.) This disclosure will provide SSA with information necessary to verify eligibility and payment amounts of individuals under the Supplemental Security Income (SSI) program. The SSI program was created under title XVI of the Social Security Act (the Act) to provide benefits under the rules of that title to individuals with income and resources below levels established by law and regulations.
C. Authority for Conducting the Matching Program
Sections 1631(e)(1)(B) and (f) of the Act (42 U.S.C. 1383(e)(1)(B) and (f)).
D. Categories of Records and Individuals Covered by the Matching Program
We will provide BPD with a finder file extracted from SSA's Supplemental Security Income Record and Special Veterans Benefits system of records (SSA 60–0103 full text last published in the Federal Register on January 11, 2006 at 71 FR 1795, 1830), containing Social Security numbers of persons who have applied for, or receive, SSI payments. This information will be matched with BPD files in BPD's savings-type securities registration systems of records (United States Savings Type Securities and Retail Treasury Securities Access Application) and a reply file of matched records will be furnished to SSA. These records are included under the systems of records Treasury/BPD.002, United States Savings Type Securities, and Treasury/BPD.008, Retail Treasury Securities Access Application, last published in the Federal Register on July 23, 2008 at 73 FR 42906 and 42918, respectively. Upon receipt of BPD's reply file, we will match identifying information from the BPD file with SSA's records to determine preliminarily whether the data pertain to the relevant SSI applicant or recipient before beginning the process of verifying savings security ownership and taking any necessary benefit actions.
E. Inclusive Dates of the Matching Program
The matching program will become effective upon signing of the agreement by both parties to the agreement and approval of the agreement by the Data Integrity Boards of the respective agencies, but no sooner than 40 days after notice of this matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[74 FR 3125, January 16, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2009–0021]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/States, SDX–BENDEX–SVES Files)—Match 6000 and 6003)
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of a renewal of an existing computer matching program which is scheduled to expire on December 31, 2009.
SUMMARY:
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 with the States.
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) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) approval of the participating Federal agencies;
(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.
Dated: May 13, 2009.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, SSA With the States
A. Participating Agencies
SSA and the States.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the conditions, safeguards, and procedures under which the States may obtain Social Security number (SSN) verification and certain information from us relating to the eligibility for, and payment of, Social Security, Supplemental Security Income, and Special Veterans Benefits, including certain tax return, quarters of coverage, prisoner, and death information. This information is available from our various Systems of Records.
Individual agreements with the States will describe the information to be disclosed and the conditions under which we agree to disclose such information.
C. Authority for Conducting the Matching Program
Our authority to disclose data and the State Agency's authority to use data protected under our Systems of Records for specified purposes is Sections 1137, 453, and 1106(b) of the Social Security Act (42 U.S.C. 1306(b), 1320b–7, and 653). Under this legal authority, the State Agency has independent authority to collect and maintain data from our Systems of Records.
The Privacy Act, Section 1106(a) of the Social Security Act (42 U.S.C. 1306), the regulations promulgated pursuant to that section (20 CFR Part 401), and the Federal Information Security Management Act of 2002 (FISMA) (44 U.S.C. 3541, et seq.), provide legal requirements for the disclosure and use of our data protected under applicable Systems of Records.
D. Categories of Records and Individuals Covered by the Matching Program
States will provide us with names and other identifying information of appropriate benefit applicants or recipients. Specific information from participating States will be matched, as provided in the agreement for the specific programs, with the following systems of records maintained by us.
1. SDX—Supplemental Security Record/Special Veteran's Benefits (SSR/SVB) System, SSA/ODSSIS (60–0103);
2. BENDEX—Master Beneficiary Record (MBR), SSA/ORSIS (60–0090) and the Earnings Recording and Self-Employment Income System, SSA/OEEAS (60–0059);
3. SVES—SSR/SVB, SSA/ODSSIS (60–0103); MBR, SSA/ORSIS (60–0090); the Earnings Recording and Self-Employment Income System, SSA/OEEAS (60–0059); the Master Files of SSN Holders and SSN Applications, SSA/OEEAS (60–0058); and the Prisoner Update Processing System (PUPS), SSA/OEEAS (60–0269);
4. Quarters of Coverage Query—the Earnings Recording and Self-Employment Income System, SSA/OEEAS (60–0059) and the Master Files of SSN Holders and SSN Applications, SSA/OEEAS (60–0058);
5. Prisoner Query—PUPS, SSA/OEEAS (60–0269).
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
Individual State matching agreements under the matching program will become effective upon the effective date of this matching program or the signing of the agreements by the parties to the individual agreements, whichever is later. The duration of individual State matching agreements will be subject to the timeframes and limitations contained in this matching program.
[74 FR 23767, May 20, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2009–0012]
Privacy Act of 1974, as Amended; Computer Matching Program (Social Security Administration/Law Enforcement Agencies (SSA/LEA))—Match Number 5001
AGENCY:
Social Security Administration.
ACTION:
Notice of renewal of an existing computer matching program, scheduled to expire on October 9, 2009.
SUMMARY:
In accordance with the Privacy Act, as amended, this notice announces renewal of an existing computer matching program that we are currently conducting with LEA.
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). Renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
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 federal agencies 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 other agencies participating in the matching programs;
(2) Obtain approval of the matching agreement by the Data Integrity Boards of the participating federal agencies;
(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 our computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: May 29, 2009.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, SSA With LEA
A. Participating Agencies
SSA and LEA.
B. Purpose of the Matching Program
The purpose of this agreement is to establish terms, conditions, and safeguards under which we will conduct a computer matching program with law enforcement agencies and source jurisdictions (LEA or Source Jurisdiction) in accordance with the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a), and the regulations and guidance promulgated thereunder, to identify individuals who are: (1) Fugitive felons, parole violators, or probation violators, as defined by the Social Security Act, from the Source Jurisdiction; and (2) Supplemental Security Income (SSI) recipients, Retirement, Survivors and Disability Insurance (RSDI) beneficiaries, Special Veterans Benefit (SVB) beneficiaries, or representative payees for SSI recipients, RSDI beneficiaries, or SVB beneficiaries.
C. Authority for Conducting the Matching Program
The legal authority for the matching program conducted under this agreement is Sections 1611(e)(4)(A), 202(x)(l)(A)(iv) and (v) and 804(a)(2) and (3) of the Social Security Act (Act) (42 U.S.C. 1382(e)(4)(A), 402(x)(l)(A)(iv) and (v), and 1004(a)(2) and (3)), which prohibit the payment of SSI, RSDI and/or SVB benefits to an SSI recipient, RSDI beneficiary, or SVB beneficiary for any month during which such individuals flee to avoid prosecution, or custody or confinement after conviction, under the applicable laws of the jurisdiction from which the person flees, for a crime or attempt to commit a crime considered to be a felony under the laws of said jurisdiction. Payment of SSI, RSDI, and/or SVB benefits to recipients/beneficiaries is also prohibited in jurisdictions that do not define such crimes as felonies, but as crimes punishable by death or imprisonment for a term exceeding 1 year, (regardless of the actual sentence imposed) and to individuals who violate a condition of probation or parole imposed under Federal or State law.
Sections 1631(a)(2)(B)(iii)(V), 205(j)(2)(C)(i)(V), and 807(d)(1)(E) of the Act (42 U.S.C. 1383(a)(2)(B)(iii)(V), 405(j)(2)(C)(i)(V), 1007(d)(1)(E)), which prohibit us from using a person as a representative payee when such person is a person described in Sections 1611(e)(4)(A), 202(x)(1)(A)(iv), or 804(a)(2) of the Act.
The legal authority for our disclosure of information to the Source Jurisdiction is: Sections 1106(a), 1611(e)(5), 1631(a)(2)(B)(xiv), 202(x)(3)(C), 205(j)(2)(B)(iii) and 807(b)(3) of the Act; the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a(b)(3)); and our disclosure regulations promulgated at 20 CFR 401.150.
D. Categories of Records and Persons Covered by the Matching Program
The Source Jurisdiction will identify those who are fugitive felons, parole violators, or probation violators in their records originating from various databases. All Source Jurisdiction records will be prepared and transmitted with clear identification of the record source. We will match the following systems of records with the incoming Source Jurisdiction records to determine recipients of SSI, RSDI, SVB, or persons serving as representative payees: Our Supplemental Security Income Record/Special Veterans Benefits (SSA/OASSIS 60–0103), the Master Beneficiary Record (SSA/OSR 60–0090), the Master Representative Payee File System (SSA/OISP 60–0222), and the Master Files of Social Security Number (SSN) Holders and SSN Applications (SSA/OSR 60–0058).
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[74 FR 27056, June 5, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2009–0018]
Privacy Act of 1974, as Amended; Computer Matching Program (Social Security Administration/Department of the Treasury, Internal Revenue Service (SSA/IRS))—Match Number 1310
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of renewal of an existing computer matching program scheduled to expire on October 3, 2009.
SUMMARY:
In accordance with the Privacy Act, as amended, this notice announces renewal of an existing computer matching program that we are currently conducting with IRS.
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). Renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100–503), amended the Privacy Act (5 U.S.C. 552a) by describing the conditions under which computer matching involving federal agencies 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 other agencies participating in the matching programs;
(2) Obtain approval of the matching agreement by the Data Integrity Boards of the participating federal agencies;
(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 our computer matching programs comply with the requirements of the Privacy Act, as amended.
Dated: May 22, 2009.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, SSA With IRS
A. Participating Agencies
SSA and IRS
B. Purpose of the Matching Program
This agreement sets forth the terms under which IRS agrees to disclose to us certain tax return information for the purpose of establishing the correct amount of Medicare Part B premium subsidy adjustment under Section 1839(i) of the Social Security Act (Act), which was enacted by Section 811 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
C. Authority for Conducting the Matching Program
Section 6103(1)(20) of the Internal Revenue Code (IRC 6103(1)(20)) authorizes IRS to disclose specified tax return information to us with respect to taxpayers whose Part B insurance premium may (according to IRS records) be subject to adjustment pursuant to Section 1839(i) of the Act, for the purpose of establishing the amount of any such adjustment.
Section 1839(i) of the Act requires us to determine the amount of a beneficiary's Part B premium subsidy adjustment if the Modified Adjusted Gross Income (MAGI) is above the applicable threshold as established in Section 1839(i) of the Act. Pursuant to Section 1839(i) of the Act (42 U.S.C. 1395r), we determine whether a Medicare Part B beneficiary pays a larger percentage of the Part B premium than a beneficiary with income below the applicable threshold.
D. Categories of Records and Persons Covered by the Matching Program
We will disclose to IRS the names and Social Security numbers (SSNs) of all appropriate beneficiaries who either are enrolled or have become entitled to Medicare Part B. On a weekly basis, we will provide IRS with this information with respect to SSA Part B beneficiaries who:
a. Are enrolled in Medicare under the rules in Section 1837 of the Act (42 U.S.C. 1395p) and have not dis-enrolled from Medicare Part B; or
b. Have filed applications specifically for Medicare Part B; or
c. Have been determined to have retroactive Medicare Part B entitlement.
As part of the weekly transmission, we will include the name, SSN, premium year, and income threshold amounts for new Part B enrollees. Once each year, we will provide the name, SSN, premium year, and income threshold amounts for all appropriate enrollees in Part B. We will use information obtained in this annual request to determine Part B premium subsidy adjustments for the coming premium year. At the time of the annual exchange, we include the name, SSN, premium year, income threshold amounts, and requested tax year with respect to all enrollees who asked us to use a more recent tax year or for beneficiaries where IRS provided 3-year-old tax data on the initial request. We will use the information obtained to correct Part B premium subsidy adjustments for the requested premium year.
On a weekly basis, IRS will extract MAGI data pertaining to the Part B enrollees from the Return Transaction File. IRS will extract MAGI data pertaining to the tax year beginning in the second calendar year preceding the year for which the premium subsidy adjustment is being calculated (the premium year). When MAGI data for the second tax year preceding the premium year is not available as of October 16 of the year immediately preceding the premium year, MAGI data pertaining to the third tax year preceding the premium year will be provided to us.
For the annual request, IRS will extract MAGI data as described above and provide the responsive records to us. For requests seeking more recent tax year data, IRS will extract MAGI data of the requested year, and provide the information to us.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[74 FR 41961, August 19, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2009–0026]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement (HHS/ACF/OCSE)—Match (#1074)
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of the renewal of existing computer matching agreements, which are scheduled to expire on October 11, 2009 and August 17, 2010. This agreement consolidates and continues these data exchange operations previously governed by two separate and distinct agreements between the parties.
SUMMARY:
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 with OCSE.
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) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals 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 individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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.
Dated: July 16, 2009.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, SSA With the HHS/ACF/OCSE
A. Participating Agencies
SSA and HHS/ACF/OCSE
B. Purpose of the Matching Program
The purpose of this matching program is to assist us in (1) establishing or verifying eligibility or payment amounts, or both under the Supplemental Security Income (SSI) program; (2) establishing or verifying eligibility or continuing entitlement under the Disability Insurance (DI) program; and (3) in administering the Ticket to Work and Self-Sufficiency (Ticket to Work) program.
C. Authority for Conducting the Matching Program
The legal authority for us to conduct this matching activity is contained in Sections 453(j)(4), 1631(e)(1)(B) and (f), and 1148(d)(1) of the Social Security Act (Act). Disclosures under this agreement shall be made in accordance with 5 U.S.C. 552a(b)(3) and in compliance with the matching procedures in 5 U.S.C. 552a(o), (p), and (r) of the Privacy Act of 1974, as amended. Section 1148(d)(1) of the Act requires us to verify earnings of beneficiaries/recipients to ensure accurate payments to employer network providers under the Ticket to Work program.
D. Categories of Records and Individuals Covered by the Matching Program
1. Specified Data Elements Used in the Match
We will provide certain identifying information extracted from our Supplemental Security Record and Special Veterans Benefits (SSR) and from our Completed Determination Record—Continuing Disability Determination File (CDR–CDD) systems of records to OCSE. Both agencies will conduct a match of the quarterly wage and unemployment insurance from the National Directory of New Hires of its Location and Collection system of records. Online access queries will be conducted only as needed to the quarterly wage, unemployment insurance, and new hire information screens from the National Directory of New Hires of its Location and Collection system of records.
2. Systems of Records
OCSE will provide us electronic files containing quarterly wage, unemployment insurance, and new hire information from its system of records, the Location and Collection System (HHS/OCSE, 09–90–0074) last published at 72 FR 51446 on September 7, 2007.
Quarterly, we will match OCSE information with electronic files from our system of records, the Supplemental Security Record and Special Veterans Benefits (SSA/OEEAS 60–0103) last published at 71 FR 1830 on January 11, 2006. Our online access queries are from information in our system of records, the Completed Determination Record—Continuing Disability Determination File (SSA/OD 60–0050) last published at 72 FR 1813 on January 11, 2007.
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[74 FR 44434, August 28, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2009–0005]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of Veterans Affairs/Veterans Benefits Administration (VA/VBA))—Match Number 1008
AGENCY:
Social Security Administration (SSA).
ACTION:
Notice of a renewal of an existing computer matching program that is scheduled to expire on October 8, 2009.
SUMMARY:
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 with VA/VBA.
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). Renewal of the matching program will be effective as indicated below.
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (410) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988 (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 individuals applying for, and receiving, Federal benefits. Section 7201of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101–508) further amended the Privacy Act regarding protections for such individuals.
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 the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies;
(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.
Dated: July 2, 2009.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
Notice of Computer Matching Program, Social Security Administration (SSA) With the Department of Veterans Affairs/Veterans Benefits Administration (VA/VBA)
A. Participating Agencies
SSA and VA/VBA.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the conditions under which VA agrees to disclose VA compensation and pension payment data to us for the purpose of identifying certain Supplemental Security Income and Special Veterans Benefit recipients under titles XVI and VIII of the Social Security Act (Act) respectively, who receive VA administered benefits. The disclosure will also enable us to efficiently implement a Medicare outreach program mandated by section 1144 of title XI of the Act.
C. Authority for Conducting the Matching Program
The legal authority for us to conduct this computer matching is found in sections 1631(e)(1)(B) and 1631(f) of the Act, 42 U.S.C. 1383(e)(1)(B) and 1383(f), section 806(b) of the Act, 42 U.S.C. 1006(b), and section 1144 of the Act, 42 U.S.C. 1320b–14.
The legal authority for VA to disclose information for this computer matching is found in section 1631(f) of the Act, 42 U.S.C. 1383(f).
D. Categories of Records and Individuals Covered by the Matching Program
On the basis of certain identifying information as provided by us to VA, VA will provide us with electronic files containing compensation and pension payment data from its system of records entitled the “Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records—VA (58VA21/22/28),” first published at 74 FR 29275 (June 19, 2009). We will match the VA data with SSI/SVB payment information maintained in our system of records entitled “Supplemental Security Income Record and Special Veterans Benefits (SSA/OASSIS 60–0103).”
E. Inclusive Dates of the Matching Program
The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[74 FR 47036, September 14, 2009]
[TOP]
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2009–0042]
Privacy Act of 1974, as Amended; Computer Matching Program (Social Security Administration/Department of Homeland Security (DHS)—Match #1010
AGENCY:
Social Security Administration.
ACTION:
Notice of a renewal of an existing computer matching program which will expire on January 31, 2010.
SUMMARY:
In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program we currently conduct with DHS.
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) 965–0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, Finance and Management as shown above.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act (CMPPA) 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 other agency or agencies participating in the matching programs;
(2) Obtain the approval of the matching agreement by the Data Integrity Boards of the participating Federal agencies;
(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.
Dated: December 1, 2009.
Michael G. Gallagher,
Deputy Commissioner for Budget, Finance and Management.
NOTICE OF COMPUTER MATCHING PROGRAM, SSA WITH DHS
A. Participating Agencies:
SSA and DHS.
B. PURPOSE OF THE MATCHING PROGRAM:
The purpose of this matching program is to establish conditions, safeguards, and procedures for disclosure of information relating to aliens for matching purposes by DHS and us. DHS will disclose two separate data files through a computer matching operation for our use in making Federal benefit eligibility determinations for “Aliens Who Leave the United States Voluntarily” and “Aliens Who are Removed from the United States.”
C. AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
Legal authority for this matching operation is the Social Security Act (Act), 42 U.S.C. 402(n), 1382(f) and 1382c(a)(1), and the Immigration and Nationality Act (INA), 8 U.S.C. 1611 and 1612. Section 1631(e)(1)(B) of the Act, requires us to verify declarations of applicants for and recipients of Supplemental Security Income (SSI) payments before making a determination of eligibility or payment amount. Section 1631(f) of the Act requires Federal agencies to provide us with information necessary to verify SSI eligibility or benefit amounts or to verify other information related to these determinations.
In addition, section 202(n)(2) of the Act, specifies that the “Attorney General or the Secretary of Homeland Security notify the Commissioner of Social Security” when certain individuals are removed under specified provisions of section 237(a) or under section 212(a)(6)(A) of the INA.
It is executed under the Privacy Act of 1974, 5 U.S.C. 552a, as amended by the CMPPA of 1988, and the regulations and guidance promulgated thereunder.
D. Categories of Records and Individuals Covered by Matching Program:
1. Aliens Who Leave the United States Voluntarily:
The DHS identifies for us, aliens who leave the United States voluntarily by their Benefits Information System (BIS), DHS/USCIS–007. Our systems of records used in this portion of the matching program are the Master Files of Social Security Number (SSN) Holders and SSN Applications, also known as the NUMIDENT, SSA/OEEAS 60–0058 and the Supplemental Security Income Record and Special Veterans Benefits (SSIR/SVB), also known as the SSR, SSA/OASSIS 60–0103.
BIS furnishes the alien's name, SSN, date of birth (DOB), alien identification number, (“A” number), date of departure, and expected length of stay. To verify the SSN, BIS data will be matched against the names, DOB, and SSNs of our Numident and Alpha Index files. Verified SSNs will be stored and matched against the same elements in SSA's SSR files.
2. Aliens Who Are Removed From the United States:
DHS identifies for us, aliens who are removed from the United States from their Removable Alien Records System (RARS) (DHS/ICE–011). Immigration and Customs Enforcement now maintains information on removed aliens in the Enforcement Integrated Database (EID). Our systems of records used in this portion of the matching program are the NUMIDENT, SSA/OEEAS 60–0058, the Master Beneficiary Record (MBR), SSA/OEEAS 60–0090, and the SSR, SSA/OASSIS 60–0103. The Unverified Prisoner System (UPS) is now used to do a manual search of fallout cases where the Enumeration and Verification System is unable to locate an SSN for an alien deportee. New alien screens and software were created for those deported from the United States and made part of the UPS process. No changes were made to the function of the system.
RARS, EID furnishes the names and aliases (if any) of those removed, SSN (if available), DOB, sex, country of birth, country to which removed, date of removal, the final removal charge code and DHS “A” number. To verify the SSN, RARS data will be matched against SSA's Numident and Alpha-Index files (SSA/OEEAS 60–0058). Verified SSNs are matched against the existing MBR and SSR records to locate those removed (and their dependents or survivors, if any) who have already claimed and are currently receiving RSDI and/or SSI benefits.
E. Inclusive Dates of the Matching Program:
The matching program will become effective no sooner than 40 days after notice of the
matching program is sent to Congress and OMB, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met.
[74 FR 67300, December 18, 2009]
[TOP]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Privacy Act of 1974: Computer Matching Program
AGENCY:
Internal Revenue Service, Treasury.
ACTION:
Notice of Matching Program.
SUMMARY:
Pursuant to section 552a(e)(12) of the Privacy Act of 1974, as amended, and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, notice is hereby given of the conduct of the Internal Revenue Service Disclosure of Information to Federal, State and Local Agencies (DIFSLA) Computer Matching Program.
DATES:
Effective Date: This notice will be effective September 15, 2008.
ADDRESSES:
Inquiries may be mailed to the Director, Governmental Liaison and Disclosure, Internal Revenue Service, 230 S. Dearborn Street, Chicago, IL 60604–1505.
FOR FURTHER INFORMATION CONTACT:
Samuel M. Farrow, Project Manager, Governmental Liaison and Disclosure, Internal Revenue Service, 5000 Ellin Road, Mail Stop C–2–235, Lanham, Maryland 20706.
SUPPLEMENTARY INFORMATION:
The notice of the matching program was last published on February 17, 2006, at 71 FR 8658. Members of the public desiring specific information concerning an ongoing matching activity may request a copy of the applicable computer matching agreement at the address provided above.
Purpose
The purpose of this program is to prevent or reduce fraud and abuse in certain federally assisted benefit programs while protecting the privacy interest of the subjects of the match. Information is disclosed by the Internal Revenue Service only for the purpose of, and to the extent necessary in, determining eligibility for, and/or the correct amount of, benefits for individuals applying for or receiving certain benefit payments.
Authority
In accordance with section 6103(l)(7) of the Internal Revenue Code (IRC), the Secretary shall, upon written request, disclose current return information from returns with respect to unearned income from the Internal Revenue Service files to any federal, state or local agency administering a program listed below:
1. A state program funded under part A of Title IV of the Social Security Act;
2. Medical assistance provided under a state plan approved under Title XIX of the Social Security Act;
3. Supplemental security income benefits under Title XVI of the Social Security Act, and federally administered supplementary payments of the type described in section 1616(a) of such Act (including payments pursuant to an agreement entered into under section 212(a) of Pub. L. 93–66);
4. Any benefits provided under a state plan approved under Title I, X, XIV, or XVI of the Social Security Act (as those titles apply to Puerto Rico, Guam, and the Virgin Islands);
5. Unemployment compensation provided under a state law described in section 3304 of the IRC:
6. Assistance provided under the Food Stamp Act of 1977;
7. State-administered supplementary payments of the type described in section 1616(a) of the Social Security Act (including payments pursuant to an agreement entered into under section 212(a) of Pub. L. 93–66);
(a) Any needs-based pension provided under Chapter 15 of Title 38, United States Code, or under any other law administered by the Secretary of Veterans Affairs;
(b) Parents' dependency and indemnity compensation provided under section 1315 of Title 38, United States Code;
(c) Health care services furnished under sections 1710(a)(2)(G) (formerly 1710(a)(1)(l)), 1710(a)(3) (formerly 1710(a)(2)), 1710(b) and 1712(a)(2)(B) of Title 38, United States Code.
Name of Recipient Agency: Internal Revenue Service.
Categories of records covered in the match: Internal Revenue Service Information Return Master File (Treasury/IRS System 22.061 (IRMF)) for the latest tax year. This file contains information returns (e.g., Forms 1099–DIV, 1099–INT and W–2G) filed by payors of income.
Name of source agencies and categories of records covered in the match:
A. Federal agencies expected to participate and their Privacy Act systems of records are:
1. Department of Veterans Affairs: Veterans Benefits Administration—Compensation, Pension and Education and Rehabilitation Records-VA, 58 VA 21/22; and Veterans Health Administration-Healthcare Eligibility Records, 89VA19;
2. Social Security Administration, Office of Systems Requirements—Supplemental Security Income record and Special Veterans Benefits, (60–0103)
B. State agencies expected to participate using non-federal systems of records are:
1. Alabama Department of Human Resources
2. Alabama Medicaid Agency
3. Alaska Department of Health & Social Services
4. Arizona Department of Economic Security
5. Arizona Health Care Cost Containment System
6. Arkansas Department of Human Services
7. California Department of Social Services
8. Colorado Department of Human Services
S
9. Connecticut Department of Social Services
10. Delaware Department of Health & Social Services
11. D.C. Department of Human Services
12. Florida Department of Children & Families
13. Georgia Department of Human Resources
14. Guam Department of Public Health & Social Services
15. Hawaii Department of Human Services
16. Idaho Department of Health and Welfare
17. Illinois Department of Human Services
18. Indiana Family and Social Services Administration
19. Iowa Department of Human Services
20. Kansas Department of Social and Rehabilitation Services
21. Kentucky Cabinet for Health and Family Services
22. Louisiana Department of Health and Hospitals
23. Louisiana Department of Social Services
24. Maine Department of Health and Human Services
25. Maryland Department of Human Services
26. Massachusetts Department of Transitional Assistance
27. Massachusetts Division of Medical Assistance
28. Michigan Department of Human Services
29. Minnesota Department of Human Services
30. Mississippi Department of Human Services
31. Mississippi Division of Medicaid
32. Missouri Department of Social Services
33. Montana Department of Public Health and Human Services
34. Nebraska Department of Health and Human Services
35. Nevada Department of Human Services
36. New Hampshire Department of Health and Human Services
37. New Jersey Department of Human Services
38. New Mexico Human Services Department
39. New York Office of Temporary and Disability Assistance
40. North Carolina Department of Health and Human Services
41. North Dakota Department of Human Services
42. Ohio Department of Job and Family Services
43. Oklahoma Department of Human Services
44. Oregon Department of Human Resources
45. Pennsylvania Department of Public Welfare
46. Puerto Rico Department of Health
47. Puerto Rico Department of the Family
48. Rhode Island Department of Human Services
49. South Carolina Department of Social Services
50. South Dakota Department of Social Services
51. Tennessee Department of Human Services
52. Texas Health and Human Services Commission
53. Utah Department of Health
54. Utah Department of Workforce Services
55. Vermont Department of Children and Families
56. Virgin Islands Bureau of Health Insurance and Medical Assistance
57. Virgin Islands Department of Human Services
58. Virginia Department of Health and Human Services
59. Washington Department of Social and Health Services
60. West Virginia Department of Human Services
61. Wisconsin Department of Health and Family Services
62. Wisconsin Department of Workforce Development
63. Wyoming Department of Family Services
Beginning and completion dates: The matches are conducted on an ongoing basis in accordance with the terms of the computer matching agreement in effect with each participant as approved by the applicable Data Integrity Board(s). The term of these agreements is expected to cover the 18-month period from July 1, 2008 through December 31, 2009. Ninety days prior to expiration of the agreement, the parties to the agreement may request a 12-month extension in accordance with 5 U.S.C. 552a(o).
Dated: August 6, 2008.
Elizabeth Cuffe,
Deputy Assistant Secretary for Privacy and Treasury Records.
[73 FR 48021, August 15, 2008]
[TOP]
DEPARTMENT OF THE TREASURY
Treasury Inspector General for Tax Administration; Privacy Act of 1974: Computer Matching Program
AGENCY:
Treasury Inspector General for Tax Administration, Treasury.
ACTION:
Notice.
SUMMARY:
Pursuant to 5 U.S.C. 552a, the Privacy Act of 1974, as amended, notice is hereby given of the agreement between the Treasury Inspector General for Tax Administration (TIGTA) and the Internal Revenue Service (IRS) concerning the conduct of TIGTA's computer matching program.
DATES:
Effective Date: September 3, 2009.
ADDRESSES:
Comments or inquires may be mailed to the Treasury Inspector
General for Tax Administration, Attn: Office of Chief Counsel, 1125 15th Street, NW., Washington, DC 20005, or via electronic mail to Counsel.Office@tigta.treas.gov.
FOR FURTHER INFORMATION CONTACT:
Office of Chief Counsel, Treasury Inspector General for Tax Administration, (202) 622–4068.
SUPPLEMENTARY INFORMATION:
TIGTA's computer matching program assists in the detection and deterrence of fraud, waste, and abuse in the programs and operations of the IRS and related entities as well as protects against attempts to corrupt or interfere with tax administration. TIGTA's computer matching program is also designed to proactively detect and to deter criminal and administrative misconduct by IRS employees. Computer matching is the most feasible method of performing comprehensive analysis of data.
Name of Source Agency: Internal Revenue Service.
Name of Recipient Agency: Treasury Inspector General for Tax Administration.
Beginning and Completion Dates: This program of computer matches is expected to commence on September 1, 2009, but not earlier than the fortieth day after copies of the Computer Matching Agreement are provided to the Congress and OMB unless comments dictate otherwise. The program of computer matches is expected to conclude on March 31, 2011.
Purpose: This program is designed to deter and detect fraud, waste, and abuse in Internal Revenue Service programs and operations, to investigate criminal and administrative misconduct by IRS employees, and to protect against attempts to corrupt or threaten the IRS and/or its employees.
Authority: The Inspector General Act of 1978, 5 U.S.C. App. 3, and Treasury Order 115–01.
Categories of Individuals Covered: Current and former employees of the Internal Revenue Service as well as individuals and entities about whom information is maintained in the systems of records listed below.
Categories of Records Covered: Included in this program of computer matches are records from the following Treasury or Internal Revenue Service systems.
a. Treasury Payroll and Personnel System
[Treasury/DO .001]
b. Treasury Child Care Tuition Assistance Records
[Treasury/DO .003]
c. Treasury Financial Management Systems
[Treasury/DO .009]
d. Integrated Financial Management and Revenue System
[Treasury/DO .210]
e. Correspondence Files and Correspondence Control Files
[Treasury/IRS 00.001]
f. Correspondence Files: Inquiries About Enforcement Activities [Treasury/IRS 00.002]
g. Taxpayer Advocate Service and Customer Feedback and Survey Records System [Treasury/IRS 00.003]
h. Employee Complaint and Allegation Referral Records
[Treasury/IRS 00.007]
i. Third Party Contact Records [Treasury/IRS 00.333]
j. Volunteer Records [Treasury/IRS 10.555]
k. Annual Listing of Undelivered Refund Checks
[Treasury/IRS 22.003]
l. File of Erroneous Refunds [Treasury/IRS 22.011]
m. Foreign Information System (FIS)
[Treasury/IRS 22.027]
n. Individual Microfilm Retention Register
[Treasury/IRS 22.032]
o. Subsidiary Accounting Files [Treasury/IRS 22.054]
p. Automated Non-Master File (ANMF)
[Treasury/IRS 22.060]
q. Information Return Master File (IRMF)
[Treasury/IRS 22.061]
r. Electronic Filing Records [Treasury/IRS 22.062]
s. CADE Individual Master File (IMF)
[Treasury/IRS 24.030]
t. CADE Business Master File (BMF) [Treasury/IRS 24.046]
u. Audit Underreporter Case File [Treasury/IRS 24.047]
v. Acquired Property Records [Treasury/IRS 26.001]
w. Lien Files [Treasury/IRS 26.009]
x. Offer in Compromise (OIC) File [Treasury/IRS 26.012]
y. Trust Fund Recovery Cases/One Hundred Percent Penalty Cases [Treasury/IRS 26.013]
z. Record 21, Record of Seizure and Sale of Real Property [Treasury/IRS 26.014]
aa. Taxpayer Delinquent Accounts (TDA) Files
[Treasury/IRS 26.019]
bb. Taxpayer Delinquency Investigation (TDI) Files [Treasury/IRS 26.020]
cc. Identification Media Files System for Employees and Others Issued IRS ID [Treasury/IRS 34.013]
dd. Security Clearance Files [Treasury/IRS 34.016]
ee. National Background Investigations Center Management Information System [Treasury/IRS 34.022]
ff. IRS Audit Trail and Security Records System
[Treasury/IRS 34.037]
gg. General Personnel and Payroll Records
[Treasury/IRS 36.003]
hh. Practitioner Disciplinary Records
[Treasury/IRS 37.007]
ii. Enrolled Agents Records
[Treasury/IRS 37.009 ]
jj. Examination Administrative File [Treasury/IRS 42.001]
kk. Audit Information Management System (AIMS)
[Treasury/IRS 42.008]
ll. Compliance Programs and Projects Files
[Treasury/IRS 42.021]
mm. Anti-Money Laundering/Bank Secrecy Act (BSA) and
Form 8300 Records [Treasury/IRS 42.031]
nn. Appeals Centralized Data System
[Treasury/IRS 44.003]
oo. Criminal Investigation Management Information System
[Treasury/IRS 46.002]
pp. Treasury Enforcement Communications System (TECS)
Criminal Investigation Division [Treasury/IRS 46.022]
qq. Automated Information Analysis System
[Treasury/IRS 46.050]
rr. Tax Exempt/Government Entities (TE/GE) Case Management Records [Treasury/IRS 50.222]
ss. Employee Protection System Records
[Treasury/IRS 60.000]
tt. Chief Counsel Automated System Environment (CASE) Records [Treasury/IRS 90.016]
Dated: July 28, 2009.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy and Treasury Records.
[74 FR 38682, August 4, 2009]
[TOP]
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974: Computer Matching Program
AGENCY:
Department of Veterans Affairs.
ACTION:
Notice of Computer Match Program.
SUMMARY:
Pursuant to 5 U.S.C. section 552a, the Privacy Act of 1974, as amended, and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, notice is hereby given that the Department of Veterans Affairs (VA) intends to conduct a computer matching program with the Social Security Administration (SSA). Data from the proposed match will be used to verify the earned income of nonservice-connected veterans, and those veterans who are zero percent service-connected (noncompensable), whose eligibility for VA medical care is based on their inability to defray the cost of medical care. These veterans supply household income information that includes their spouses and dependents at the time of application for VA health care benefits.
DATES:
Effective Date: This match will start no sooner than 30 days after publication in the Federal Register, unless comments dictate otherwise.
ADDRESSES:
Written comments may be submitted by mail or hand-delivery to Director, Regulations Management (00REG1), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; fax to (202) 273–9026; e-mail to VARegulations@mail.va.gov; or, through www.Regulations.gov. All comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 273–9515 for an appointment (this is not a toll free number).
FOR FURTHER INFORMATION CONTACT:
Lynne Harbin, Director, Health Eligibility Center, (404) 235–1340 (this is not a toll free number).
SUPPLEMENTARY INFORMATION:
The Department of Veterans Affairs has statutory authorization under 38 U.S.C. 5317, 38 U.S.C. section 5106, 26 U.S.C. section 6103(l)(7)(D)(viii) and 5 U.S.C. section 552a to establish matching agreements and request and use income information from other agencies for purposes of verification of income for determining eligibility for benefits. 38 U.S.C. 1710(a)(2)(G), 1720(a)(3), and 1710(b) identify those veterans whose basic eligibility for medical care benefits is dependent upon their financial status. Eligibility for nonservice-connected and zero percent noncompensable service-connected veterans is determined based on the veteran's inability to defray the expenses for necessary care as defined in 38 U.S.C. 1722. This determination can affect their responsibility to participate in the cost of their care through copayments and their assignment to an enrollment priority group.
The goal of this match is to obtain SSA earned income information data needed for the income verification process. The VA records involved in the match are “Health Eligibility Center (HEC) Records” (89VA19). The SSA records are from the Earnings Recording and Self-Employment Income System, SSA/OEEAS 09–60–0059 and Master Files of Social Security Number Holders and SSN Applications, SSA/OEEAS, 60–0058 (referred to as “the Numident”). A copy of this notice has been sent to both Houses of Congress and OMB.
This matching agreement expires August 18, 2009. This match will not continue past the legislative authorized date to obtain this information.
Dated: January 25, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
[73 FR 7633, February 8, 2008]
[TOP]
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974: Computer Matching Program
AGENCY:
Department of Veterans Affairs.
ACTION:
Notice of Computer Match Program.
SUMMARY:
Pursuant to 5 U.S.C. section 552a, the Privacy Act of 1974, as amended, and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, notice is hereby given that the Department of Veterans Affairs (VA) intends to conduct a computer matching program with the Internal Revenue Service (IRS). Data from the proposed match will be used to verify the earned income of nonservice-connected veterans, and those veterans who are zero percent service-connected (noncompensable), whose eligibility for VA medical care is based on their inability to defray the cost of medical care. These veterans supply household income information that includes their spouses and dependents at the time of application for VA health care benefits.
DATES:
Effective Date: This match will start no sooner than 30 days after publication in the Federal Register, unless comments dictate otherwise. IRS published a notice in the Federal Register on August 15, 2008.
ADDRESSES:
Written comments may be submitted by mail or hand-delivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; fax to (202) 273–9026; e-mail to VARegulations@mail.va.gov; or, through http://www.Regulations.gov. All comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT:
Lynne Harbin, Director, Health Eligibility Center, (404) 282–5300 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
The Department of Veterans Affairs has statutory authorization under 38 U.S.C. section 5317, 38 U.S.C. section 5106, 26 U.S.C. section 6103(l)(7)(D)(viii) and 5 U.S.C. section 552a to establish matching agreements and request and use income information from other agencies for purposes of verification of income for determining eligibility for benefits. 38 U.S.C. sections 1710(a)(2)(G), 1720(a)(3), and 1710(b) identify those veterans whose basic eligibility for medical care benefits is dependent upon their financial status. Eligibility for nonservice-connected and zero percent noncompensable service-connected veterans is determined based on the veteran's inability to defray the expenses for necessary care as defined in 38 U.S.C. section 1722. This determination can affect their responsibility to participate in the cost of their care through copayments and their assignment to an enrollment priority group.
The goal of this match is to obtain IRS earned income information data needed for the income verification process. The VA records involved in the match are “Income Verification Records—VA (89VA16).” The IRS records are from the Information Return Master File (IRMF) Processing File, Treasury/IRS 22.061. A copy of this notice has been sent to both Houses of Congress and OMB.
This matching agreement expires 18 months after its effective date. This match will not continue past the legislative authorized date to obtain this information.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
[73 FR 65714, November 4, 2008]
[TOP]
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Report of Matching Program
AGENCY:
Department of Veterans Affairs.
ACTION:
Notice of Computer Matching Program.
SUMMARY:
Notice is hereby given that the Department of Veterans Affairs (VA) intends to conduct a recurring computer matching program matching Office of Personnel Management (OPM), civil service payment records with VA pension, compensation, and dependency and indemnity compensation (DIC) records. The goal of this match is to identify beneficiaries receiving VA income-dependent benefits and civil service retirement benefits in order to adjust VA income-dependent benefits payment as prescribed by law. The match will include records of current VA beneficiaries.
DATES:
The match will start no sooner than 30 days after publication of this notice in the Federal Register, or 40 days after copies of this Notice and the agreement of the parties is submitted to Congress and the Office of Management and Budget, whichever is later, and end not more than 18 months after the agreement is properly implemented by the parties. The involved agencies' Data Integrity Boards (DIB) may extend this match for 12 months provided the agencies certify to their DIBs, within three months of the ending date of the original match, that the matching program will be conducted without change and that the matching program has been conducted in compliance with the original matching program.
ADDRESSES:
Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to the Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Pamela Burd (212B), (202) 461–9149.
SUPPLEMENTARY INFORMATION:
VA will use this information to identify beneficiaries receiving VA income-dependent benefits and civil service retirement benefits in order to adjust VA income-dependent benefits payment as prescribed by law. The proposed matching program will enable VA to accurately identify beneficiaries who are improperly receiving benefits.
The legal authority to conduct this match is 38 U.S.C. 5106. Section 5106 requires any Federal department or agency to provide VA such information as VA requests for the purposes of determining eligibility for, or the amount of VA benefits, or verifying other information with respect thereto.
The VA records involved in the match are the VA system of records, VA Compensation, Pension and Education and Rehabilitation Records—VA (58 VA 21/22/28), first published at 41 FR 9294 (March 3, 1976), and last amended at 74 FR 14865 (April 1, 2009), with other amendments as cited therein. The OPM records consist of information from the OPM Civil Service Retirement Pay File identified as OPM Central—1, Civil Service Retirement and Insurance Records, published as 64 FR 54930, October 8, 1999, and amended as 65 FR 25775 (May 3, 2000).
In accordance with Title 5 U.S.C. subsection 552a(o)(2) and (r), copies of the agreement are being sent to both Houses of Congress and to the Office of Management and Budget. This notice is provided in accordance with the provisions of Privacy Act of 1974 as amended by Public Law 100–503.
Approved: August 14, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
[74 FR 44911, August 31, 2009]
[TOP]
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Report of Matching Program
AGENCY:
Department of Veterans Affairs.
ACTION:
Notice of computer matching program.
SUMMARY:
Notice is hereby given that the Department of Veterans Affairs (VA) intends to conduct a recurring computer-matching program matching Social Security Administration (SSA) Master Beneficiary Records (MBRs) with VA pension, compensation, and dependency and indemnity compensation (DIC) records. The goal of this match is to identify beneficiaries who are receiving VA benefits, and to reduce or terminate benefits, if appropriate. The match will include records of current VA beneficiaries.
DATES:
The match will start no sooner than 30 days after publication of this notice in the Federal Register, or 40 days after copies of this Notice and the agreement of the parties is submitted to Congress and the Office of Management and Budget, whichever is later, and end not more than 18 months after the agreement is properly implemented by the parties. The involved agencies' Data Integrity Boards (DIB) may extend this match for 12 months provided the agencies certify to their DIBs, within three months of the ending date of the original match, that the matching program will be conducted without change and that the matching program has been conducted in compliance with the original matching program.
ADDRESSES:
Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to the Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Pamela Burd (212B), (202) 461–9149.
SUPPLEMENTARY INFORMATION:
VA will use this information to verify the income information submitted by income dependent beneficiaries and adjust VA benefit payments as prescribed by law. The proposed matching program will enable VA to accurately identify beneficiaries who are in receipt of SSA benefits and have not reported the income as required by law.
The legal authority to conduct this match is 38 U.S.C. 5106, which requires any Federal department or agency to provide VA such information as VA requests for the purposes of determining eligibility for, or the amount of VA benefits, or verifying other information with respect thereto.
The VA records involved in the match are the VA system of records, VA Compensation, Pension and Education and Rehabilitation Records—VA (58 VA 21/22/28)”, first published at 41 FR 9294 (March 3, 1976), and last amended at 74 FR 14865 (April 1, 2009), with other amendments as cited therein. The SSA records consist of information from the system of records identified as the SSA MBR, SSA/ORSIS, 60–0090, routine use number 23 and SSA MEF, SSA/OEEAS, 60–0059, routine use numbers 15 and 25.
In accordance with Title 5 U.S.C. subsection 552a(o)(2) and (r), copies of the agreement are being sent to both Houses of Congress and to the Office of Management and Budget. This notice is provided in accordance with the provisions of Privacy Act of 1974 as amended by Public Law 100–503.
Approved: August 14, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
[74 FR 44911, August 31, 2009]
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