Privacy Act of 1974: Computer Matching Program

Federal RegisterApr 5, 1999

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DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974: Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.

ACTION: Notice of a computer matching program.

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SUMMARY: Subsection (e)(12) of the Privacy Act of 1974, as amended (5

U.S.C. 552a), requires agencies to publish advance notice of any

proposed or revised computer matching program by the matching agency

for public comment. The Department of Defense (DoD), as the matching

agency under the Privacy Act, is hereby giving notice to the record

subjects of a computer matching program between the Department of

Health and Human Services (HHS) and DoD that their records are being

matched by computer.

DATES: This proposed action will become effective May 5, 1999, and the

matching may commence unless changes to the program are required due to

public comment or by Congressional or by the Office of Management and

Budget objections. Any public comments must be received before the

effective date.

ADDRESSES: Any interested party may submit written comments to the

Director, Defense Privacy Office, 1941 Jefferson Davis Highway, Suite

920, Arlington, VA 22202-4502.

FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, Jr. at (703)

607-2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy

Act of 1974, as amended, 5 U.S.C. 552a, the DoD and the HHS have

concluded an agreement to conduct a computer matching. The purpose of

this Matching Program is to fulfill one of the objectives of Executive

Order 12953. In order to establish the Executive Branch of the Federal

Government as a model employer in promoting and facilitating the

establishment and enforcement of child support owed by its civilian and

Uniformed Services' work force, periodic matches will be conducted to

help in identifying current and retired (non-Postal) Federal civilian

employees and active and retired Uniformed Services personnel

(including reservist) who may owe delinquent child support.

A copy of the computer matching agreement between the HHS and the

DoD is available upon request to the public. Requests should be

submitted to the address above or to Ms. Ella Lawson, Parental

Information Systems Specialist, Division of Program Operations, Office

of Child Support Enforcement, 370 L'Enfant Promenade, SW, 4th Floor

East, Washington, DC 20447.

Set forth below is a notice of the establishment of a computer

matching program required by paragraph 6.c. of the Office of Management

and Budget Guidelines on computer matching published on June 19, 1989,

at 54 FR 25818.

The matching agreement, as required by 5 U.S.C. 552a(r) of the

Privacy Act, and an advance copy of this notice was submitted on March

22, 1999, to the House Committee on Government Reform and Oversight,

the Senate Committee on Governmental Affairs, and the Administrator of

the Office of Information and Regulatory Affairs, Office of Management

and Budget, pursuant to paragraph 4d of Appendix I to OMB Circular No.

A-130, `Federal Agency Responsibilities for Maintaining Records about

Individuals,` dated February 8, 1996 (February 20, 1996, 61 FR 6427).

Dated: March 29, 1999.

Patricia L.Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

COMPUTER MATCHING PROGRAM BETWEEN THE ADMINISTRATION FOR CHILDREN

AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE

DEPARTMENT OF DEFENSE

A. Participating Agencies: Participants in this computer matching

program are the Office of Child Support Enforcement (OCSE),

Administration for Children and Families (ACF) of the Department of

Health and Human Services (HHS) and the Defense Manpower Data Center

(DMDC) of the Department of Defense (DoD). The HHS is the source

agency, i.e., the agency disclosing the records for the purpose of the

match. The DMDC is the specific recipient agency or matching agency,

i.e., the agency that actually performs the computer matching.

B. Purpose of the Match: The purpose of this Matching Program is to

fulfill one of the objectives of Executive Order 12953. In order to

establish the Executive Branch of the Federal Government as a model

employer in promoting and facilitating the establishment and

enforcement of child support owed by its civilian and Uniformed

Services' work force, periodic matches will be conducted to help in

identifying current and retired (non-Postal) Federal civilian employees

and active and retired Uniformed Services personnel (including

reservists) who may owe delinquent child support. The list of hits will

be forwarded to appropriate State Child Support Enforcement (CSE)

agencies to determine, in each instance, whether wage withholding or

other enforcement actions should be commenced. Neither DoD nor HHS

intend to take any direct adverse financial, personnel, or disciplinary

action as a result of such hits.

C. Authority for Conducting the Match: Legal authority for

conducting matches for the general purpose of locating parents who are

not paying child support, so that State CSE agencies can take action to

secure such child support payments, is contained in section 453 of the

Social Security Act, 42 U.S.C. 653. Specific authority directing

Federal agencies to conduct this crossmatch is contained in section 304

of Executive Order 12953 February 27, 1995 (60 FR 11013, February 28,

1995).

D. Records to be Matched: The systems of records maintained by the

respective agencies under the Privacy Act, from which records will be

disclosed for the proposed computer match are as follows:

The Department of Health and Human Services will use records from

a system identified as 09-09-0074, entitled 'The Federal Parent Locator

and Federal Tax Refund Offset System (FPLS), DHHS/OCSE', last published

on October 2, 1997, at 62 FR 51663.

DMDC will use records from a system identified as S322.10 DMDC,

entitled 'Defense Manpower Data Center Data Base', last published on

September 14, 1998 at 63 FR 49095.

E. Description of Computer Matching Program: On a periodic basis,

but no more frequently than monthly, ACF will transmit to DoD the

Master File of delinquent obligors submitted by State CSE agencies for

Federal offset purposes. This file will be matched with DoD files,

consisting of extracts of personnel records or current and retired

(non-Postal) civilian employees and active and retired members of the

Uniformed Services (including reservists).

Upon receipt of the OCSE information, ACF will submit to DMDC the

following information: Noncustodial parent's (NCP's) Social Security

Number (SSN), NCP's last name, other ACF or OCSE data as required for

identification purposes. DMDC will match the data provided by ACF

against its database and provide OCSE with the following information on

individuals where hits (i.e., a match between the compared

[[Page 16431]]

data elements) occur: NCP name, NCP's SSN, NCP's date of birth, NCP's

home address (if available), employer's name, employer's address (if

available), type of employment (if available) and annual salary. If the

disclosure of any DMDC information violates national policy or security

interests of the United States or the confidentiality of Census data,

such information shall not be transmitted and DMDC shall notify OCSE

immediately.

F. Inclusive Dates of the Matching Program: This computer matching

program is subject to review by the Office of Management and Budget and

Congress. If the mandatory 30 day period for public comment has expired

and if no objections are raised by either Congress or the Office of

Management and Budget within 40 days of being notified of the proposed

match, the computer matching program becomes effective and the

respective agencies may begin the exchange of data at a mutually

agreeable time on a monthly basis. By agreement between the Department

of Health and Human Services and DoD, the matching program will be in

effect and continue for 18 months with an option to extend for 12

additional months unless one of the parties to the agreement advises

the other by written request to terminate or modify the agreement.

G. Address for Receipt of Public Comments or Inquiries: Director,

Defense Privacy Office, 1941 Jefferson Davis Highway, Suite 920,

Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 99-8229 Filed 4-2-99; 8:45 am]

BILLING CODE 5000-04-F

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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