[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]
BILLING CODE 4191-02-P