[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78680-78682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26862]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2016-0031]
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 April 9, 2017.
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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 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 Acting 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 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 (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;
(3) Publish notice of the computer matching program in the Federal
Register;
(4) Furnish detailed reports about matching programs to Congress
and OMB;
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(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.
Glenn Sklar,
Acting 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 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; and 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
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)) prohibit the payment of SSI, 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 payment of SSI,
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) (Martinez Settlement), our
nonpayment of benefits under these sections of the Act is limited to
individuals with certain flight-coded 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), our 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 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. 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. 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: Supplemental Security Income Record and Special
Veterans Benefits (SSR/SVB), 60-0103, published at 71 FR 1830 on
January 11, 2006 and updated on December 10, 2007, published at 72 FR
69723; Master Beneficiary Record (MBR), SSA/ORSIS 60-0090, published at
71 FR 1826 on January 11, 2006 and updated on December 10, 2007 at 72
FR 69723 and on July 5, 2013 at 78 FR 40542; Master Representative
Payee File, SSA/NCC 60-0222, published on April 22, 2013 (78 FR 23811);
and, Master Files of Social Security Number Holders and SSN
Applications, SSA/OTSO 60-0058, published on December 29, 2010 (75 FR
82121) and updated on July 5, 2013 (78 FR 40542) and February 13, 2014
(79 FR 8780). The Alphident file comes under this system of record.
The Source Jurisdiction will provide specific data elements for
individuals as specified in Attachment A. Our Data Elements Matched:
SSR/SVB and MBR: Individual's SSN and payment status; Master Files of
SSN Holders and SSN Applications: Individual's name, date of birth,
SSN, and gender; Master Representative Payee File: Individual's SSN and
status as a representative payee.
The purpose of using the Alphident file under this agreement is to
locate an individual's SSN by name search. We will use the Alphident
file when the Source Jurisdiction either fails to provide an SSN or
provides an incorrect SSN for the named individual. The Alphident file
allows us to locate the SSN by utilizing electronic data systems
currently available. We match the name and date of birth data received
from the Source Jurisdiction against the Alphident file. If both sets
of data match only one record in our file, we assume that the SSN
associated with the matched name and date of birth belongs to the
person named by the Source Jurisdiction. We then treat the individual
whose SSN was generated through the Alphident search in the same manner
as those individuals whose SSNs provided by the Source Jurisdiction
matched our records. If the name of an individual matches with a single
SSN in our records, we assume that the SSN associated with the matching
record belongs to the individual in the Source Jurisdiction's records,
even if the date of birth does not match. We then considers this a
matched item.
E. Inclusive Dates of the Matching Program
The effective date of this matching program is April 10, 2017,
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
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18 months from the effective date and, if both agencies meet certain
conditions, it may extend for an additional 12 months thereafter.
[FR Doc. 2016-26862 Filed 11-7-16; 8:45 am]
BILLING CODE 4191-02-P