[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21889-21890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10031]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA 2019-0002]
Privacy Act of 1974; Matching Program
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a new matching program.
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SUMMARY: In accordance with the provisions of the Privacy Act, as
amended, this notice announces new matching program with the Law
Enforcement Agency (Source Jurisdiction).
The purpose of this agreement is to establish the terms,
conditions, and safeguards under which SSA 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, 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.
DATES: The deadline to submit comments on the proposed matching program
is 30 days from the date of publication of this notice in the Federal
Register. The matching program will be applicable on October 10, 2019,
or once a minimum of 30 days after publication of this notice has
elapsed, whichever is later. The matching program will be in effect for
a period of 18 months.
ADDRESSES: Interested parties may comment on this notice by either
telefaxing to (410) 966-0869, writing to Mary Ann Zimmerman, Acting
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel, Social Security Administration, G-401 WHR, 6401
Security Boulevard, Baltimore, MD 21235-6401, or emailing
[email protected]. All comments received will be available for
public inspection by contacting Ms. Zimmerman at this street address.
FOR FURTHER INFORMATION CONTACT: Interested parties may submit general
questions about the matching program to Mary Ann Zimmerman, Acting
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel, by any of the means shown above, or call (410) 965-
8850.
SUPPLEMENTARY INFORMATION: None.
Mary Zimmerman,
Acting Executive Director, Office of Privacy and Disclosure, Office of
the General Counsel.
Participating Agencies
SSA and Source Jurisdiction.
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 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), SSA's nonpayment of benefits under these
sections of the Act is limited to individuals with certain flight- 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), SSA's 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 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
[[Page 21890]]
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. The settlement terms in Martinez v. Astrue and Clark v.
Astrue do not restrict this disclosure authority in any manner.
Purpose(s)
This matching program establishes the conditions under which SSA
will conduct a computer matching program with Source Jurisdiction to
identify individuals in the Source Jurisdiction who are (1) fleeing
fugitive felons, parole violators, or probation violators, as defined
by the Act and in accordance with the Martinez Settlement and the Clark
Court Order, as defined below; and who are also (2) SSI recipients,
RSDI beneficiaries, SVB beneficiaries, or representative payees for SSI
recipients, RSDI beneficiaries, or SVB beneficiaries.
Categories of Individuals
The individuals whose information is involved in this matching
program are fleeing fugitive felons, probation violators, or parole
violators. SSA will match the incoming Source Jurisdiction records to
determine individuals who receive SSI, RSDI, SVB benefits, or
individuals serving as representative payees.
Categories of Records
The Source Jurisdiction will provide specific data elements for
individuals as specified in Attachment A. SSA data elements matched are
individual's SSN, payment status, individual's name, date of birth,
gender, and status as a representative payee.
System(s) of Records
The Source Jurisdiction will prepare and disclose its records
electronically with clear identification of the record source including
the name of the reporter and where the reporter obtained the
information. SSA will match the following systems of records with the
incoming Source Jurisdiction records: Supplemental Security Income
Record and Special Veterans Benefits, 60-0103, originally published at
71 FR 1830 on January 11, 2006 and updated on December 10, 2007, at 72
FR 69723, July 3, 2018 at 83 FR 31250-31251, and November 1, 2018 at 83
FR 54969; Master Beneficiary Record, SSA/ORSIS 60-0090, originally
published at 71 FR 1826 on January 11, 2006 and updated on December 10,
2007, at 72 FR 69723, and July 5, 2013 at 78 FR 40542, July 3, 2018 at
83 FR 31250-31251, and November 1, 2018 at 83 FR 54969; Master
Representative Payee File, SSA/NCC 60-0222, originally published on
April 22, 2013 at 78 FR 23811, and updated on July 3, 2018 at 83 FR
31250-31251 and November 2, 2018 at 83 FR 55228; and, Master Files of
Social Security Number Holders and SSN Applications, SSA/OTSO 60-0058,
originally published on December 29, 2010 at 75 FR 82121 and updated on
July 5, 2013 at 78 FR 40542 and February 13, 2014 at 79 FR 8780, July
3, 2018 at 83 FR 31250-31251, and November 1, 2018 at 83 FR 54969. The
Alphident file comes under this system of record.
[FR Doc. 2019-10031 Filed 5-14-19; 8:45 am]
BILLING CODE 4191-02-P