[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Pages 21343-21344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08424]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2014-0002]
Privacy Act of 1974, as Amended; Computer Matching Program (SSA/
Law Enforcement Agency (Source Jurisdiction))--Match Number 5001
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a renewal of an existing computer matching program
that will expire on October 9, 2014.
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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 the Source
Jurisdiction.
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:
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
[[Page 21344]]
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;
(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 With the Law Enforcement
Agency (Source Jurisdiction)
A. Participating Agencies
SSA and Source Jurisdiction.
B. Purpose of the Matching Program
The purpose of this matching program is to establish the terms,
conditions, and safeguards under which we will conduct a computer
matching program with the 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) fleeing fugitive felons, parole violators, or
probation violators, as defined by the Social Security Act (Act) and in
accordance with the Martinez Settlement and the Clark Court Order, as
defined below, 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 the payment of SSI,
RSDI, and/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
payment of SSI, RSDI, and/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)
(Martinez Settlement), SSA's nonpayment of benefits under these
sections of the Act is limited to individuals with certain flight- or
escape-coded warrants. Further, as a result of a settlement of a
nationwide class action in Clark v. Astrue, 06 Civ. 15521 (S.D. NY,
April 13, 2012) (Clark Court Order), SSA's nonpayment of benefits under
these sections of the Act cannot be based solely on the existence of
parole or probation arrest 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 C.F.R. 401.150. The settlement
terms in Martinez v. Astrue and Clark v. Astrue do not restrict this
disclosure authority in any manner.
D. Categories of Records and Persons Covered by the Matching Program
The Source Jurisdiction will identify individuals who are fleeing
fugitive felons, probation violators, or parole violators in its
records originating from various databases. The Source Jurisdiction
will prepare and disclose its records electronically (e.g., Government
to Government Services Online) with clear identification of the record
source. SSA 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: Supplemental Security Income Record/Special
Veterans Benefits (SSR/SVB), SSA/ODSSIS (60-0103) Routine Use 28, last
published on January 11, 2006 (71 FR 1830); Master Beneficiary Record
(MBR), SSA/ORSIS (60-0090) Routine Use 2, last published on January 11,
2006 (71 FR 1826); Master Representative Payee File, SSA/NCC (60-0222)
Routine Use 12, last published on April 19, 2013 (78 FR 23811); and,
Master Files of Social Security Number Holders and SSN Applications,
SSA/OTSO (60-0058) Routine Use 24, last published on December 29, 2010
(75 FR 82121).
E. Inclusive Dates of the Matching Program
The effective date of this matching program is October 10, 2014; if
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. 2014-08424 Filed 4-14-14; 8:45 am]
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