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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices

Notice of a renewal of an
existing computer matching program
that will expire on September 10, 2013.

ACTION:

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 internally.
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) 966–0869 or writing
to the Executive Director, Office of
Privacy and Disclosure, Office of the
General Counsel, Social Security
Administration, 617 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
Executive Director, Office of Privacy
and Disclosure, Office of the General
Counsel, as shown above.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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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 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
the other agency or agencies
participating in the matching programs;
(2) Obtain approval of the matching
agreement by the Data Integrity Boards
of the participating Federal agencies;

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(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.
Kirsten J. Moncada,
Executive Director, Office of Privacy and
Disclosure, Office of the General Counsel.

Notice of Computer Matching Program,
SSA
A. Participating Agency
SSA
B. Purpose of the Matching Program
This computer matching agreement
establishes the terms, conditions, and
safeguards under which we will
compare the Federal Personnel/Payroll
System records of current Social
Security employees with the records of
Disability Income (DI) and
Supplemental Security Income (SSI)
beneficiaries and recipients through a
periodic computerized comparison of
records. We will use this information to
verify the employees’ self-certification
statements of income in order to ensure
against DI and SSI overpayments.
C. Authority for Conducting the
Matching Program
The legal authority for this agreement
is as follows:
1. Section 1631(f) of the Social
Security Act (Act) (42 U.S.C. 1383(f))
provides that ‘‘[t]he head of any Federal
agency shall provide such information
as the Commissioner of Social Security
needs for the purposes of determining
eligibility for or amount of benefits, or
verifying information with respect
thereto.’’
2. Section 1631(e)(1)(B)(i) of the Act
(42 U.S.C. 1383(e)(1)(B)(i)) provides that
SSA is required to verify eligibility of a
recipient or applicant for SSI using
independent or collateral sources.
3. Section 224(h)(1) of the Act (42
U.S.C. 424a(h)) provides that Federal
agencies are required to provide
information to SSA that it requires to
determine the amount of DI benefits and

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to verify information with respect
thereto.
4. This agreement is subject to the
provisions of the Privacy Act of 1974, 5
U.S.C. 552a, as amended, and the
provisions of the Computer Matching
and Privacy Protection Act (CMPPA) of
1988. The comparison of records that is
the subject of this agreement constitutes
a matching program within the meaning
of the Privacy Act, 5 U.S.C.
552a(a)(8)(A).
D. Categories of Records and Persons
Covered by the Matching Program
The data elements included in the
match file are:
1. Social Security number (SSN/
BIC)—T2;
2. SSN/ID—T16;
3. Current and Separated Employees;
4. Name;
5. Date of birth;
6. Initial date of SSA employment;
7. SSA Employment Component;
8. Work schedule (i.e., Full/Part time;
Conditional/Permanent; currently
working/separated, etc.);
9. Year to Date Earnings;
10. Hourly rate;
11. Weekly Work Hours;
12. Employee Status (Active, LWOP,
Military, Terminate, Separate, etc.);
13. Award Amount;
14. Organization (Office Location—
name);
15. Duty Station (Office Location—
City, State or County);
16. Servicing Personnel Office (SPO);
17. Pay Period Date (YYYYPP);
18. Last Pay Period (YYYYPP); and
19. Lump Sum Leave Payment.
E. Inclusive Dates of the Matching
Program
The effective date of this matching
program is September 11, 2013 provided
that the following notice periods have
lapsed: 30 days after publication of this
notice in the Federal Register and 40
days after notice of the matching
program is sent to Congress and OMB.
The matching program will continue for
18 months from the effective date and,
if both agencies meet certain conditions,
it may extend for an additional 12
months thereafter.
[FR Doc. 2013–16100 Filed 7–3–13; 8:45 am]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2013–0032]

Privacy Act of 1974, As Amended:
Proposed New Routine Use
Social Security Administration.
New Proposed Routine Use
Applicable to Four Systems of Records.

AGENCY:
ACTION:

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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices
In accordance with the
Privacy Act of 1974 (5 U.S.C. 552a(e)(4)
and (e)(11)) and our disclosure
regulations (20 CFR Part 401), we are
issuing public notice of our intent to
publish a new routine use applicable to
our systems of records entitled:
• Master Files of Social Security
Number (SSN) Holders and SSN
Applications, (60–0058) (the
Enumeration System)
• Earnings Recording and SelfEmployment Income System, (60–0059)
• Master Beneficiary Record (MBR),
(60–0090)
• Prisoner Update Processing System
(PUPS), (60–0269)
The Patient Protection and Affordable
Care Act of 2010 (Pub. L. 111–148), as
amended by the Health Care and
Education Reconciliation Act of 2010
(Pub. L. 111–152) (collectively, the
ACA) requires the use of a single,
streamlined application to determine
eligibility for an Insurance Affordability
Program (IAP), which includes:
• a Qualified Health Plan (QHP)
through an Exchange,
• Advance Payments of the Premium
Tax Credit (APTC),
• Cost-Sharing Reductions (CSR),
• Medicaid,
• the Children’s Health Insurance
Program (CHIP), and
• the Basic Health Program (BHP).
As a part of the eligibility
determination process, individuals may
apply for an exemption from the
individual responsibility requirement to
maintain coverage (certification of
exemption). The new routine use will
enable SSA to disclose information to
the Department of Health and Human
Services (DHHS)/Centers for Medicare &
Medicaid Services (CMS) to confirm the
accuracy of attestations made by an
individual to determine eligibility and
entitlement to an IAP and identify
individuals who qualify for
certifications of exemption under the
ACA. We discuss the routine use in
detail in the Supplementary Information
section below. We invite public
comment on this proposal.
DATES: We filed a report of the routine
use with the Chairman of the Senate
Committee on Homeland Security and
Governmental Affairs, the Chairman of
the House Committee on Oversight and
Government Reform, and the Director,
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB). The routine use will
become effective on August 31, 2013
unless we receive comments before that
date that would result in a contrary
determination.
ADDRESSES: Interested persons may
comment on this publication by writing

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SUMMARY:

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to the Executive Director, Office of
Privacy and Disclosure, Office of the
General Counsel, Social Security
Administration, Room 617 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401. All
comments we receive will be available
for public inspection at the above
address.
FOR FURTHER INFORMATION CONTACT:

Keisha Mahoney, Government
Information Specialist, The Electronic
Interchange and Liaison Division, Office
of Privacy and Disclosure, Office of the
General Counsel, Social Security
Administration, Room 617 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401,
telephone: (410) 966–9048, Email:
[email protected].
SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the
Proposed New Routine Use
Section 1411(c) of the ACA requires
the Secretary of DHHS/CMS to establish
a program meeting the requirements of
the ACA to determine eligibility for and
enrollment in an IAP, including:
• a QHP through the Exchange,
• APTC,
• CSRs,
• Medicaid,
• the CHIP, and
• the BHP.
As a part of the eligibility
determination process, individuals may
apply for certifications of exemption
under the ACA. Specifically,
individuals must furnish their name,
date of birth, Social Security number
(SSN), and attestation of citizenship
status to the Secretary of DHHS/CMS.
The Secretary of DHHS/CMS will
submit the information to the
Commissioner of SSA for a
determination as to whether the
information submitted is consistent
with the records of SSA. The ACA also
permits the Secretary of DHHS/CMS to
request additional information that is
relevant to determining entitlement and
eligibility to programs. To accommodate
such requests, SSA will disclose (1)
Disability indicator, (2) death indicator,
(3) prisoner data, (4) quarters of
coverage, and (5) monthly and annual
Social Security benefit information
under title II of the Social Security Act
(Act). Section 1411(c)(4) of the ACA
requires DHHS/CMS and SSA to use an
on-line system or a system otherwise
involving electronic exchange to
support such transactions. To support
this need, we are establishing a new
routine use to allow for such disclosures
by SSA to DHHS/CMS. DHHS/CMS will
use the data for the purpose of the

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40543

administration of IAPs and for
certifications of exemption under the
ACA.
II. Proposed New Routine Use
The Privacy Act requires that agencies
publish a notice in the Federal Register
of ‘‘each routine use of the records
contained in the system, including the
categories of users and the purpose of
such use.’’ 5 U.S.C. 552a(e)(4)(D). We
developed the following new routine
use that will allow us to disclose
information to DHHS/CMS:
To the Department of Health and
Human Services (DHHS)/Centers for
Medicare and Medicaid Services (CMS)
for the purpose of the administration of
Insurance Affordability Programs (IAP)
and to identify individuals who qualify
for an exemption from the individual
responsibility requirement in
accordance with the Patient Protection
and Affordable Care Act of 2010 (Pub.
L. 111–148), as amended by the Health
Care and Education Reconciliation Act
of 2010 (Pub. L. 111–152). IAPs include
a Qualified Health Plan through the
Exchange, Advance Payments of the
Premium Tax Credit, Cost Sharing
Reductions, Medicaid, the Children’s
Health Insurance Program, and the Basic
Health Program.
The new routine use will be included
in the following systems of records:
• 60–0058, Master Files of SSN
Holders and SSN Applications, last
published on December 29, 2010 at 74
FR 62866, as new routine use 45;
• 60–0059, Earnings Recording and
Self-Employment Income System, last
published on January 11, 2006 at 71 FR
1819, as new routine use 34;
• 60–0090, Master Beneficiary
Record, last published on January 11,
2006 at 71 FR 1826, as new routine use
39; and
• 60–0269, Prisoner Update
Processing System (PUPS), last
published on March 8, 1999 at 64 FR
11076, as new routine use 13.
SSA will rely on this routine use to
disclose only those data elements from
SSA’s system of records that DHHS/
CMS has demonstrated are necessary for
the administration of IAPs and
certifications of exemption in
accordance with the ACA.
III. Compatibility of Routine Use
In accordance with the Privacy Act (5
U.S.C. 552(a) and (b)(3)), and our
disclosure regulations (20 CFR Part
401), we are proposing to establish a
new routine use to support the ACA.
We can disclose information when the
disclosure is required by law (20 CFR
401.120).

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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices

• Section 1411(c) of the ACA requires
SSA to determine whether the name,
date of birth, SSN and attestation of
citizenship of individuals applying for
IAPs under the ACA are consistent with
information in SSA’s records.
• Section 205(r)(3) of the Social
Security Act (Act) permits SSA to
disclose, on a reimbursable basis, death
information to a Federal or State agency
that administers a Federally-funded
benefit other than pursuant to the Act to
ensure proper payment of such benefit.
Section 7213 of the Intelligence Reform
and Terrorism Prevention Act of 2004
provides SSA authority to add a death
indicator to verification routines that
the agency deems appropriate.
• Sections 202(x)(3)(B)(iv) and
1611(e)(1)(I)(iii) of the Act permit SSA
to disclose, on a reimbursable basis,
prisoner information to an agency
administering a Federal or Federallyfunded cash, food, or medical assistance
program for eligibility and other
administrative purposes under such
program.
We can also disclose information
when the purpose is compatible with
the purpose for which we collected the
information and is supported by a
published routine use (20 CFR 401.150).
The Privacy Act allows us to disclose
information maintained in a system of
records without consent of the record
subject to another party if such
disclosure is pursuant to a routine use
published in the system of records. 5
U.S.C. 552a(b)(3). A ‘‘routine use’’ must
be compatible with the purpose for
which SSA collected the information (5
U.S.C. 552a(a)(7)). Under SSA’s
regulations, SSA may publish a routine
use permitting it to disclose information
to another government entity for the
administration of other government
programs when the information
requested concerns eligibility, benefit
amounts, or other matters of benefit
status in a Social Security program and
is relevant to determining the same
matters in other programs. 20 CFR
401.150(c). SSA collects information
from applicants for, and beneficiaries of,
Social Security benefits to determine
entitlement and eligibility to such SSA
benefits and the amount of those
benefits. Under the new routine use and
in accordance with the ACA, SSA will
disclose information concerning
eligibility, benefit amounts, or other
matters of benefit status in a Social
Security program to DHHS/CMS for use
in making initial eligibility
determinations, and eligibility
redetermination and renewal decisions,
including appeal determinations for
IAPs, and certifications of exemption
under the ACA. Specifically, DHHS/

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CMS will use the information SSA
provides to determine entitlement and
eligibility in QHPs offered through an
Exchange, including the APTCs under
section 36B of the Internal Revenue
Code of 1986 and CSRs under section
1402 of the ACA; a State Medicaid
program under title XIX of the Act; the
CHIP under title XXI of the Act; a State
program under section 1331 of the ACA
establishing qualified BHPs; and a
certification of exemption pursuant to
section 1311(d)(4)(H) of the ACA. The
verification and disclosure of
information in our records to DHHS/
CMS for its use in administering the
health and income maintenance
programs under ACA and the Act, meet
the statutory and compatibility
requirements for routine use
disclosures.
IV. Effect of the Routine Use on the
Rights of Individuals
DHHS/CMS and SSA are subject to
Privacy Act requirements. Our
disclosures to DHHS/CMS are
compliant with the Privacy Act, the
ACA, and the Social Security Act. The
Privacy Act requires that our routine use
be compatible with the purpose for
which we collected the information. 5
U.S.C. 552a(a)(7) and (b)(3). In this case,
we collect the information we plan to
disclose in order to administer our
programs. We will disclose this
information to DHHS/CMS in
connection with the administration of
IAPs and certifications of exemption
under ACA. We have determined that
this is a compatible purpose under the
Privacy Act and our regulation. After we
disclose information to DHHS/CMS
under the new routine use, the
information is subject to the relevant
DHHS System of Records Notices. We
will enter into a Computer Matching
and Privacy Protection Act (CMPPA)
agreement with DHHS/CMS to support
the new routine use disclosures.
CMPPA agreements have specific
provisions to protect the privacy rights
of record subjects; to protect the
confidentiality and integrity of the
records; and to prohibit unauthorized
use of the records. Therefore, we do not
anticipate that the routine use will have
an unwarranted adverse effect on the
privacy or other rights of individuals
about whom we will disclose
information.
Kirsten J. Moncada,
Executive Director, Office of Privacy and
Disclosure, Office of the General Counsel.
[FR Doc. 2013–16099 Filed 7–3–13; 8:45 am]

DEPARTMENT OF STATE
[Public Notice 8372]

Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘New
Photography 2013: Adam Broomberg
and Oliver Chanarin, Brendan Fowler,
Annette Kelm, Lisa Oppenheim, Anna
Ostoya, Josephine Pryde, and Eileen
Quinlan’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the objects to be
included in the exhibition ‘‘New
Photography 2013: Adam Broomberg
and Oliver Chanarin, Brendan Fowler,
Annette Kelm, Lisa Oppenheim, Anna
Ostoya, Josephine Pryde, and Eileen
Quinlan,’’ imported from abroad for
temporary exhibition within the United
States, are of cultural significance. The
objects are imported pursuant to loan
agreements with the foreign owners or
custodians. I also determine that the
exhibition or display of the exhibit
objects at The Museum of Modern Art,
New York, NY, from on or about
September 14, 2013, until on or about
February 5, 2014, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these Determinations be
published in the Federal Register.

SUMMARY:

For
further information, including a list of
the exhibit objects, contact Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.

FOR FURTHER INFORMATION CONTACT:

Dated: June 27, 2013.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2013–16155 Filed 7–3–13; 8:45 am]
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