Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Law Enforcement Agency (Source Jurisdiction))-Match Number 5001, 78680-78682 [2016-26862]
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78680
Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
Economic Injury (EIDL) Loan
Application Deadline Date: 07/31/2017.
Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #14934 and #14935]
ADDRESSES:
A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Georgia Disaster Number GA–00082
U.S. Small Business
Administration.
ACTION: Amendment 1.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of GEORGIA (FEMA–4284–
DR), dated 10/20/2016.
SUPPLEMENTARY INFORMATION: Notice is
Incident: Hurricane Matthew.
hereby given that as a result of the
Incident Period: 10/04/2016 through
Administrator’s disaster declaration,
10/15/2016.
applications for disaster loans may be
Effective Date: 10/27/2016.
filed at the address listed above or other
Physical Loan Application Deadline
locally announced locations.
Date: 12/19/2016.
The following areas have been
Economic Injury (EIDL) Loan
determined to be adversely affected by
Application Deadline Date: 07/20/2017.
the disaster:
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Primary Counties: Vernon.
Administration, Processing and
Contiguous Counties:
Disbursement Center, 14925 Kingsport
Wisconsin: Crawford, Juneau, La
Road, Fort Worth, TX 76155.
Crosse, Monroe, Richland, Sauk.
FOR FURTHER INFORMATION CONTACT: A.
Iowa: Allamakee.
Escobar, Office of Disaster Assistance,
Minnesota: Houston.
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
The Interest Rates are:
Washington, DC 20416.
Percent
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
For Physical Damages:
declaration for Private Non-Profit
Homeowners with Credit Availorganizations in the State of Georgia,
able Elsewhere ......................
3.125
dated 10/20/2016, is hereby amended to
Homeowners without Credit
Available Elsewhere ..............
1.563 include the following areas as adversely
affected by the disaster.
Businesses with Credit Available Elsewhere ......................
6.250 Primary Counties: Ware.
Businesses
without
Credit
All other information in the original
Available Elsewhere ..............
4.000
declaration remains unchanged.
Non-Profit Organizations with
Credit Available Elsewhere ...
Non-Profit Organizations without Credit Available Elsewhere .....................................
For Economic Injury:
Businesses & Small Agricultural
Cooperatives without Credit
Available Elsewhere ..............
Non-Profit Organizations without Credit Available Elsewhere .....................................
SUMMARY:
2.625
(Catalog of Federal Domestic Assistance
Number 59008)
2.625
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2016–26884 Filed 11–7–16; 8:45 am]
4.000
2.625
BILLING CODE 8025–01–P
SOCIAL SECURITY ADMINISTRATION
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The number assigned to this disaster
for physical damage is 14947 6 and for
economic injury is 14948 0.
The States which received an EIDL
Declaration # are Wisconsin, Iowa,
Minnesota.
[Docket No. SSA 2016–0031]
(Catalog of Federal Domestic Assistance
Number 59008)
AGENCY:
Dated: October 31, 2016.
Maria Contreras-Sweet,
Administrator.
ACTION:
[FR Doc. 2016–26885 Filed 11–7–16; 8:45 am]
SUMMARY:
16:27 Nov 07, 2016
Social Security Administration
(SSA).
Notice of a renewal of an
existing computer matching program
that will expire on April 9, 2017.
BILLING CODE 8025–01–P
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Privacy Act of 1974, as Amended;
Computer Matching Program (SSA/Law
Enforcement Agency (Source
Jurisdiction))—Match Number 5001
Jkt 241001
In accordance with the
provisions of the Privacy Act, as
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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;
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
(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.
mstockstill on DSK3G9T082PROD with NOTICES
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
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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,
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78681
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
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
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
SURFACE TRANSPORTATION BOARD
30-Day Notice of Intent To Seek
Extension of Approval: Class I
Railroad Annual Report
Surface Transportation Board.
Notice and request for
comments.
AGENCY:
ACTION:
As required by the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
21 (PRA), the Surface Transportation
Board (STB or Board) gives notice of its
intent to seek approval from the Office
of Management and Budget (OMB) for
an extension of the collection of Class
I Railroad Annual Reports, described
below. The Board previously published
a notice about this collection in the
Federal Register. 81 FR 47486 (July 21,
2016). That notice allowed for a 60-day
public review and comment period. No
comments were received.
DATES: Comments on this information
collection should be submitted by
December 8, 2016.
ADDRESSES: Written comments should
be identified as ‘‘Paperwork Reduction
Act Comments, Surface Transportation
Board: Class I Railroad Annual Report.’’
These comments should be directed to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention: Chandana L.
Achanta, Surface Transportation Board
Desk Officer, by email at
OIRA_SUBMISSION@OMB.EOP.GOV;
by fax at (202) 395–6974; or by mail to
Room 10235, 725 17th Street NW.,
Washington, DC 20503. Please also
direct comments to Chris Oehrle,
Surface Transportation Board, 395 E
Street SW., Washington, DC 20423–
0001, or to PRA@stb.gov.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this
collection, contact Pedro Ramirez at
(202) 245–0333 or at
pedro.ramirez@stb.gov. [Assistance for
the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.]
SUPPLEMENTARY INFORMATION: Comments
are requested concerning: (1) The
accuracy of the Board’s burden
estimates; (2) ways to enhance the
quality, utility, and clarity of the
information collected; (3) ways to
minimize the burden of the collection of
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
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16:27 Nov 07, 2016
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information on the respondents,
including the use of automated
collection techniques or other forms of
information technology, when
appropriate; and (4) whether the
collection of information is necessary
for the proper performance of the
functions of the Board, including
whether the collection has practical
utility. Submitted comments will be
summarized and included in the
Board’s request for OMB approval.
Description of Collection
Title: Class I Railroad Annual Report.
OMB Control Number: 2140–0009.
Form Number: R–1.
Type of Review: Extension without
change.
Respondents: Class I railroads.
Number of Respondents: Seven.
Estimated Time per Response: No
more than 800 hours. This estimate
includes time spent reviewing
instructions; searching existing data
sources; gathering and maintaining the
data needed; completing and reviewing
the collection of information; and
converting the data from the carrier’s
individual accounting system to the
Board’s Uniform System of Accounts
(USOA), which ensures that the
information will be presented in a
consistent format across all reporting
railroads. See 49 U.S.C. 11141–43,
11161–64; 49 CFR 1200–01.
Frequency of Response: Annual.
Total Annual Hour Burden: No more
than 5,600 hours annually.
Total Annual ‘‘Non-Hour Burden’’
Cost: No ‘‘non-hour cost’’ burdens
associated with this collection have
been identified. The information is
submitted electronically.
Needs and Uses: Annual reports are
required to be filed by Class I railroads
under 49 U.S.C. 11145. The reports
show operating expenses and operating
statistics of the carriers. Operating
expenses include costs for right-of-way
and structures, equipment, train and
yard operations, and general and
administrative expenses. Operating
statistics include such items as carmiles, revenue-ton-miles, and gross tonmiles. The reports are used by the
Board, other Federal agencies, and
industry groups to monitor and assess
railroad industry growth, financial
stability, traffic, and operations, and to
identify industry changes that may
affect national transportation policy.
Information from this report is also
entered into the Board’s Uniform Rail
Costing System (URCS), which is a cost
measurement methodology. URCS,
which was developed by the Board
pursuant to 49 U.S.C. 11161, is used as
a tool in rail rate proceedings (in
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accordance with 49 U.S.C. 10707(d)) to
calculate the variable costs associated
with providing a particular service. The
Board also uses this information to more
effectively carry out other regulatory
responsibilities, including: Acting on
railroad requests for authority to engage
in Board-regulated financial
transactions such as mergers,
acquisitions of control, and
consolidations, see 49 U.S.C. 11323–24;
analyzing the information that the Board
obtains through the annual railroad
industry waybill sample, see 49 CFR
1244; measuring off-branch costs in
railroad abandonment proceedings, in
accordance with 49 CFR 1152.32(n);
developing the ‘‘rail cost adjustment
factors,’’ in accordance with 49 U.S.C.
10708; and conducting investigations
and rulemakings.
Under the PRA, a federal agency that
conducts or sponsors a collection of
information must display a currently
valid OMB control number. A collection
of information, which is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c),
includes agency requirements that
persons submit reports, keep records, or
provide information to the agency, third
parties, or the public. Under 44 U.S.C.
3506(c)(2)(A), federal agencies are
required to provide, prior to an agency’s
submitting a collection to OMB for
approval, a 60-day notice and comment
period through publication in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information.
Information from certain schedules
contained in these reports is compiled
and published on the Board’s Web site,
www.stb.gov. Information in these
reports is not available from any other
source.
Dated: November 2, 2016.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016–26926 Filed 11–7–16; 8:45 am]
BILLING CODE 4915–01–P
TENNESSEE VALLEY AUTHORITY
[Meeting No. 16–04]
Sunshine Act Meeting Notice
The TVA Board of Directors will hold
a public meeting on November 10, 2016,
at the Union County Schools Fine Arts
Center, 926 Panther Overlook,
Blairsville, Georgia. The public may
comment on any agenda item or subject
at a public listening session which
begins at 8:30 a.m. (ET). Following the
end of the public listening session, the
meeting will be called to order to
E:\FR\FM\08NON1.SGM
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]]>Agencies
[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]
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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
