Privacy Act of 1974; Matching Program, 21889-21890 [2019-10031]

Download as PDF Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– BX–2019–011 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. jbell on DSK3GLQ082PROD with NOTICES All submissions should refer to File Number SR–BX–2019–011. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (http://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–BX–2019–011, and should be submitted on or before June 5, 2019. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.28 Eduardo A. Aleman, Deputy Secretary. [FR Doc. 2019–09966 Filed 5–14–19; 8:45 am] BILLING CODE 8011–01–P 28 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2019–0002] Privacy Act of 1974; Matching Program AGENCY: Social Security Administration (SSA). Notice of a new matching program. ACTION: 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 Mary.Ann.Zimmerman@ssa.gov. 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 SUMMARY: PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 21889 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 E:\FR\FM\15MYN1.SGM 15MYN1 21890 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices 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. jbell on DSK3GLQ082PROD with NOTICES 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, VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 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 SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2019–0003] Privacy Act of 1974; Matching Program AGENCY: Social Security Administration (SSA). Notice of a new matching program. ACTION: In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the States, including tribal agencies and United States (U.S.) territories. 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 January 1, 2020, 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 Mary.Ann.Zimmerman@ssa.gov. 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 SUMMARY: PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 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 the States, State Agencies, tribal agencies, and U.S. territories. Authority for Conducting the Matching Program: The legal authorities for SSA to disclose data and the States’ authority to collect, maintain, and use data protected under SSA’s systems of records (SOR) are: • Sections 453, 1106(b), and 1137 of the Social Security Act (Act) (42 U.S.C. 653, 1306(b), and 1320b–7) (income and eligibility verification data); • 26 U.S.C. 6103(l)(7) and (8) (Federal tax information); • Sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii) of the Act (42 U.S.C. 402(x)(3)(B)(iv) and 1382(e)(1)(I)(iii)) (prisoner data); • Section 205(r)(3) of the Act (42 U.S.C. 405(r)(3)) and the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108–458, 7213(a)(2) (death data); • Sections 402, 412, 421, and 435 of Public Law 104–193 (8 U.S.C. 1612, 1622, 1631, and 1645) (quarters of coverage data); • Section 1902(ee) of the Act (42 U.S.C. 1396a(ee)); Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 111–3 (citizenship data); and • Routine use exception to the Privacy Act, 5 U.S.C. 552a(b)(3) (data necessary to administer other programs compatible with SSA programs). Purpose(s): The purpose of the matching program is to set forth the terms and conditions governing disclosures of records, information, or data (collectively referred to herein as ‘‘data’’) made by SSA to various State agencies and departments, tribal agencies, and U.S. territories (collectively referred to as ‘‘State Agencies’’) that administer federally funded benefit programs, including those under various provisions of the Act, such as section 1137 of the Act (42 U.S.C. 1320b–7), as well as the statefunded state supplementary payment programs under Title XVI of the Act. The terms and conditions of the matching agreements ensure that SSA’s disclosures and the State Agencies’ use of such disclosed data is, in accordance with the requirements of the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act, 5 U.S.C. 552a. E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[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