[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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;

[[Page 78681]]

    (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

[[Page 78682]]

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