[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 3093-3094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1021]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974 as Amended; Computer Matching Program (SSA/
Department of Homeland Security (DHS) Number 1010)

AGENCY: Social Security Administration (SSA).

ACTION: Notice of a modification to a computer matching program.

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SUMMARY: In accordance with the provisions of the Privacy Act, as 
amended, this notice announces a modification of a computer matching 
program that SSA conducts with DHS.

DATES: SSA will file a report of the subject matching program with the 
Committee on Governmental Affairs of the Senate, the Committee on 
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 either by 
telefax to (410) 965-5961 or writing to the Associate Commissioner for 
Income Security Programs, 245 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 Associate Commissioner for Income 
Security Programs as shown above.

SUPPLEMENTARY INFORMATION:

A. General

    The Computer Matching and Privacy Protection Act of 1988 (Public 
Law (P. L.) 100-503), amended the Privacy Act (5 U.S.C. Sec.  552a) by 
describing the manner in which computer matching involving Federal 
agencies could be performed and adding certain protections for 
individuals 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 
individuals.
    The Privacy Act, as amended, regulates the use of computer matching

[[Page 3094]]

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 the approval of the matching agreement by the Data 
Integrity Boards (DIB) 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 an individual's benefits or payments.

B. SSA Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of SSA's computer matching 
programs comply with the requirements of the Privacy Act, as amended.

    Dated: January 10, 2005.
Martin H. Gerry,
Deputy Commissioner for Disability and Income Security Programs.

Notice of Computer Matching Program, Social Security Administration 
(SSA) With the Department of Homeland Security (DHS)

A. Participating Agencies

    SSA and DHS.

B. Purpose of the Matching Program

    The purpose of this matching program is to establish conditions 
under which DHS agrees to the disclosure of information regarding 
certain aliens who may, as a result of their current or planned 
absences from the United States, be subject to nonpayment of benefits 
in programs administered by SSA. The disclosure will provide SSA with 
information useful in determining claim and benefit status under both 
Title II and Title XVI of the Social Security Act, governing Social 
Security Retirement, Survivors and Disability Insurance Benefits, and 
Supplemental Security Income, in that certain persons who are outside 
the United States, or similarly lack appropriate statutorily specified 
residency and citizenship/alienage status, may not be paid benefits 
under specific statutory provisions of those titles. The purpose of 
this modification is to expand the language of the relevant computer 
matching agreement to encompass a wider definition of persons 
ineligible to receive Title II Social Security benefits. Public Law 
(Pub. L.) 108-203 (The Social Security Protection Act of 2004), section 
412, expands section 202(n) of the Social Security Act to prohibit 
payment of retirement or disability benefits to number holders removed 
from the United States under section 237(a) or under section 
212(a)(6)(A) of the Immigration and Nationality Act of 1952 (INA), as 
amended.

C. Authority for Conducting the Matching Program

    Legal authority for the relevant disclosures of this matching 
operation is contained in sections 202(n) of the Social Security Act as 
amended by section 412 of Pub. L. 108-203, 1611(f), and 1614(a)(1) of 
the Social Security Act (42 U.S.C. 402(n) 1382(f) and 1382c (a)(1) (the 
Act) and 8 U.S.C. 1611 and 1612). Section 1631(e)(1)(B) of the Act, 42 
U.S.C. 1383(e)(1)(B) requires SSA to verify declarations of applicants 
for, and recipients of, Supplemental Security Income (SSI) payments 
before making a determination of eligibility or payment amount. Section 
1631(f) of the Act (42 U.S.C. 1383(f)) requires Federal agencies to 
provide SSA with information necessary to verify SSI eligibility or 
benefit amounts or to verify other information related to these 
determinations. In addition, section 202(n)(2) of the Act specifies 
that the ``Attorney General or the Secretary of the [Department of 
Homeland Security]'' notify the Commissioner of Social Security when 
certain individuals are removed under specified provisions of section 
237(a) or under section 212(a)(6)(A) of the Immigration and Nationality 
Act (INA).

Categories of Records and Individuals Covered by the Matching Agreement

    DHS will disclose to SSA two data files as described below:

1. Aliens Who Leave the United States Voluntarily

    DHS will provide SSA with an electronic file from its Computer 
Linked Application Information Management System (CLAIMS) (Justice/INS 
013 system of records, most recently published at 62 FR 59734, dated 
11/04/97, which is electronically formatted for transmission to SSA). 
CLAIMS contains information on resident aliens who are SSI recipients 
and who have left or plan to leave the United States for any period of 
30 consecutive days. SSA will then match the DHS CLAIMS data with: 
Social Security number (SSN) applicant and holder information, 
maintained in SSA's Master Files of Social Security Number (SSN) 
Holders and SSN Applications, SSA/OEEAS 60-0058 (most recently 
published at 65 FR 66279, dated 11/03/2000); and, SSA's Supplemental 
Security Income Record and Special Veterans Benefits (SSR) (most 
recently published at 66 FR 11079 SSA/OEEAS 60-0103, dated 02/21/2001).

2. Aliens Who Are Deported From the United States

    DHS will also provide SSA with an electronic file containing 
information on deported number holders from its Deportable Alien 
Control System (DACS) (Justice/INS-012, full text published at 65 FR 
46738, dated 07/31/2000, modified at 66 FR 66712, dated 01/22/2001). 
Electronically formatted for transmission to SSA, DACS is scheduled to 
be replaced by the Enforce Removal Module (EREM). After such 
transition, EREM will be the system of records used in the match. SSA 
will then match the DHS EREM data with: applicant and holder 
information maintained in SSA's Master Files of Social Security Number 
(SSN) Holders and SSN Applications SSA/OEES 09-60-0058, published at 65 
FR 66279 (11/03/00), the Master Beneficiary Record SSA/OEEAS 09-60-
0090, most recently published at 66 FR 11080, dated 02/21/2001); and 
the Supplemental Security Record.

Inclusive Dates of the Match

    The matching agreement for this program shall become effective no 
sooner than 40 days after notice of the matching program is sent to 
Congress and the Office of Management and Budget (OMB) or 30 days after 
publication of this notice in the Federal Register, whichever is later. 
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. 05-1021 Filed 1-18-05; 8:45 am]
BILLING CODE 4191-02-P