[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Notices]
[Pages 27056-27057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13203]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2009-0012]


Privacy Act of 1974, as Amended; Computer Matching Program 
(Social Security Administration/Law Enforcement Agencies (SSA/LEA))--
Match Number 5001

AGENCY: Social Security Administration.

ACTION: Notice of renewal of an existing computer matching program, 
scheduled to expire on October 9, 2009.

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SUMMARY: In accordance with the Privacy Act, as amended, this notice 
announces 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). Renewal of the matching program 
will be effective as indicated below.

ADDRESSES: Interested parties may comment on this notice by either 
telefaxing to (410) 965-0201 or writing to the Deputy Commissioner for 
Budget, Finance and Management, 800 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 Deputy Commissioner for Budget, 
Finance and Management 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 
federal agencies 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 other 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 our computer matching 
programs comply with the requirements of the Privacy Act, as amended.

    Dated: May 29, 2009.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.

Notice of Computer Matching Program, SSA With LEA

A. Participating Agencies

    SSA and LEA.

B. Purpose of the Matching Program

    The purpose of this agreement 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 who are: (1) Fugitive felons, parole violators, or 
probation violators, as defined by the Social Security Act, from the 
Source Jurisdiction; and (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 Social Security Act (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 individuals flee 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. Payment of SSI, RSDI, and/or SVB benefits to recipients/
beneficiaries is also prohibited 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 individuals who violate a condition of 
probation or parole imposed under Federal or State law.
    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.

[[Page 27057]]

D. Categories of Records and Persons Covered by the Matching Program

    The Source Jurisdiction will identify those who are fugitive 
felons, parole violators, or probation violators in their records 
originating from various databases. All Source Jurisdiction records 
will be prepared and transmitted with clear identification of the 
record source. We will match the following systems of records with the 
incoming Source Jurisdiction records to determine recipients of SSI, 
RSDI, SVB, or persons serving as representative payees: Our 
Supplemental Security Income Record/Special Veterans Benefits (SSA/
OASSIS 60-0103), the Master Beneficiary Record (SSA/OSR 60-0090), the 
Master Representative Payee File System (SSA/OISP 60-0222), and the 
Master Files of Social Security Number (SSN) Holders and SSN 
Applications (SSA/OSR 60-0058).

E. Inclusive Dates of the Matching Program

    The matching program will become effective no sooner than 40 days 
after notice of the matching program is sent to Congress and OMB, or 30 
days after publication of this notice in the Federal Register, 
whichever date 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. E9-13203 Filed 6-4-09; 8:45 am]
BILLING CODE 4191-02-P