[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71417-71418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29681]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2011-0070]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/
Law Enforcement Agencies (LEA)) Match Number 5001
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a renewal of an existing computer matching program
that will expire on April 9, 2012.
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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 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). 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 Acting Executive
Director, Office of Privacy and Disclosure, Office of the General
Counsel, 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 Acting Executive Director, Office
of Privacy and Disclosure, Office of the General Counsel, 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
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
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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 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.
Daniel F. Callahan,
Acting Executive Director, Office of Privacy and Disclosure, Office of
the General Counsel.
Notice of Computer Matching Program, SSA With the Law Enforcement
Agency (LEA)
A. Participating Agencies
SSA and LEA
B. Purpose of the Matching Program
The purpose of this matching program 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 in the Source Jurisdiction who are
(1) Fugitive felons, parole violators, or probation violators, as
defined by the Social Security Act (Act), who are also (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 Act (42 U.S.C. 1382(e)(4)(A), 402(x)(l)(A)(iv)
and (v), and 1004(a)(2) and (3)), which prohibit SSI payments, or RSDI
or SVB benefits to an SSI recipient, RSDI beneficiary, or SVB
beneficiary for any month during which such individual flees 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. These sections of the Act also prohibit SSI
payments, or RSDI or SVB benefits to a recipient/beneficiary 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 an individual who
violates a condition of probation or parole imposed under Federal or
state law. As a result of a settlement of a nationwide class action in
Martinez v. Astrue, No. 08-4735 (N.D. Cal. September 24, 2009), SSA's
nonpayment of benefits under these sections of the Act is limited to
individuals with certain flight- or escape-coded warrants.
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 SSA 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 SSA's 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 SSA's
disclosure regulations promulgated at 20 CFR 401.150.
D. Categories of Records and Persons Covered by the Matching Program
The Source Jurisdiction will identify individuals who are fugitive
felons, parole violators, or probation violators in its records
originating from various databases. The Source Jurisdiction will
prepare and disclose its records electronically with clear
identification of the record source. We will match the following
systems of records with the incoming Source Jurisdiction records to
determine individuals who receive SSI, RSDI, SVB benefits, or
individuals serving as representative payees: Our Supplemental Security
Income Record/Special Veterans Benefits SSA/ODSSIS (60-0103), the
Master Beneficiary Record SSA/ORSIS (60-0090), the Master
Representative Payee File System SSA/OISP (60-0222), and the Master
Files of Social Security Number Holders and SSN Applications (the
Enumeration System) SSA/OSR (60-0058).
E. Inclusive Dates of the Matching Program
The effective date of this matching program is April 10, 2012
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 may be extended for an additional 12 months thereafter, if certain
conditions are met.
[FR Doc. 2011-29681 Filed 11-16-11; 8:45 am]
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