Privacy Act of 1974; Matching Program, 68537-68538 [2019-27010]

Agencies

• Social Security Administration

[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68537-68538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27010]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2019-0025]


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 a new matching program with the 
Department of Homeland Security (DHS).
    This computer matching agreement sets forth the terms, conditions, 
and safeguards under which DHS will disclose information to SSA in 
order to identify aliens who leave the United States voluntarily and 
aliens who are removed from the United States. These aliens may be 
subject to suspension of payments or nonpayment of benefits or both, 
and recovery of overpayments. SSA will use DHS data to determine if 
suspension of payments, nonpayments of benefits, or recovery of 
overpayments, is applicable.

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 19, 2020, 
or once a minimum of 30 days after publication of this notice have 
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 Matthew Ramsey, 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 Mr. Ramsey this street address.

FOR FURTHER INFORMATION CONTACT: Interested parties may submit general 
questions about the matching program to Norma Followell, Supervisory 
Team Lead, Office of Privacy and Disclosure, Office of the General 
Counsel, Social Security Administration, Room, G-401 WHR, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, Telephone: (410) 966-5855, or send 
an email to [email protected].

SUPPLEMENTARY INFORMATION: None.

Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the 
General Counsel.

Participating Agencies

    SSA and DHS.

Authority for Conducting the Matching Program

    The legal authority for the disclosures under this agreement are 42 
United States Code (U.S.C.) 402(n), 1382(f), 1382c(a)(1), and 
1383(e)(1)(B) and (f), and 8 U.S.C. 1611 and 1612.
    Section 1631(e)(1)(B) of the Social Security Act (Act) (42 U.S.C. 
1383(e)(1)(B)) requires SSA to verify declarations of applicants for 
and recipients of Supplemental Security Income (SSI) payments before 
making a determination of eligibility or payment amount. Section 
1631(f) of the Act (42 U.S.C. 1383(f)) requires Federal agencies to 
provide SSA with information necessary to verify SSI eligibility, 
benefit amounts and to verify other information related to these 
determinations. Section 202(n)(1) of the Act (42 U.S.C. 402(n)) 
requires the Secretary of Homeland Security to notify the Commissioner 
of Social Security when certain individuals are removed from the United 
States under sections 212(a)(6)(A) and 237(a) of the Immigration and 
Nationality Act (INA) (8 U.S.C. 1182(a)(6)(A) or 1227(a)).

A. Aliens Who Leave the United States, Without Regard to Immigration 
Proceedings

    Resident aliens eligible for SSI may receive payments for any month 
in which they reside in the United States. For purposes of SSI, the 
United States means, geographically, the 50 States, the District of 
Columbia, and the Northern Mariana Islands. 20 CFR 416.1603(c). Under 
section 1611(f) of the Act, an individual is ineligible for SSI 
benefits for any month during all of which he or she is outside the 
United States. 42 U.S.C. 1382(f)(1) and 20 CFR 416.1327. Section 
1611(f) of the Act further states that if an individual is absent from 
the United States for 30 consecutive days, SSA will treat the 
individual as remaining outside the United States until he or she has 
been in the United States for a period of 30 consecutive days.

B. Aliens Who Are Removed, Voluntarily Depart, or Voluntarily Return to 
Their Home Country From the United States

    The Social Security Protection Act of 2004, Public Law (Pub. L.) 
No. 108-203, amended the Act to expand the number of individuals who 
are subject to nonpayment of Social Security benefits. Thus, section 
202(n)(1)(A) of the Act (42 U.S.C. 402(n)(1)(A)) prohibits payment of 
retirement or disability insurance benefits to number holders (NH) who 
have been removed from the United States on certain grounds specified 
under section 237(a) or section 212(a)(6)(A) of the INA (8 U.S.C. 
1182(a)(6)(A), 1227(a)). SSA will not pay monthly retirement or 
disability benefits to such NHs for the month after the month in which 
the Secretary of Homeland Security notifies SSA of the NH's removal or 
before the month in which the NH is subsequently lawfully admitted to 
the United States for permanent residence.
    Section 202(n)(1)(B) of the Act (42 U.S.C. 402(n)(1)(B)) prohibits 
payment of auxiliary or survivors benefits to certain individuals who 
are entitled to such benefits on the record of a NH who has been 
removed from the United States on certain grounds as specified in the 
above paragraph. Nonpayment of benefits is applicable for any month 
such auxiliary or survivor beneficiary is not a citizen of the United 
States and is outside the United States for any part of the month. 
Benefits cannot be initiated (or resumed) to such auxiliary or survivor 
beneficiaries who are otherwise subject to nonpayment under these 
provisions until the removed NH has been subsequently lawfully admitted 
for permanent residence to the United States.
    In addition, certain individuals may be subject to suspension of 
their SSI payments under section 1614(a)(1)(B)(i) of the Act (42 U.S.C. 
1382c(a)(1)(B)(i)), which provides, in part, that an SSI recipient must 
be a resident of the United States. Further, if an SSI recipient is not 
a United States citizen, 8 U.S.C. 1611 and 1612 provide that an

[[Page 68538]]

alien who is not a qualified alien within the statutory definitions 
applicable to those sections is ineligible for SSI benefits, and an 
alien who is a qualified alien may have limited eligibility.

Purpose(s)

    This matching program establishes the conditions under which DHS 
will disclose information to SSA in order to identify aliens who leave 
the United States voluntarily and aliens who are removed from the 
United States. These aliens may be subject to suspension of payments, 
nonpayments of benefits or both, or recovery of overpayments. SSA will 
use DHS data to determine if suspension of payments, nonpayment of 
benefits, or recovery of overpayments is applicable.

Categories of Individuals

    The individuals whose information is involved in this matching 
program are:
    Aliens who leave the United States voluntarily and are subject to 
suspension or non-payment of SSI.
    Aliens who are removed from the United States, voluntarily depart, 
or voluntarily return to their home country from the United States, and 
are subject to nonpayment of retirement or disability insurance 
benefits (RSDI). In addition, certain individuals may be subject to 
suspension of their SSI payments if they are not residents of the 
United States. If an SSI recipient is not a qualified alien within the 
statutory definitions, they are ineligible for SSI benefits. An alien 
who is a qualified alien may have limited eligibility.

Categories of Records

Aliens Who Leave the United States Voluntarily

    The data elements furnished by the DHS/U.S. Citizenship and 
Immigration Service's (USCIS) Benefits Information System (BIS) are the 
alien's name, SSN, date of birth (DOB), Alien Registration Number 
(``A'' number), date of departure, and expected length of stay. To 
verify the SSN, SSA will match BIS data against the names, DOB, and 
SSNs in SSA's Enumeration System. SSA will store and match verified 
SSNs against the same elements in the SSR files.

Aliens Who Are Removed From the United States

    The data elements furnished from DHS/U.S. Immigration and Customs 
Enforcment's (ICE) Enforcement Integrated Database (EID) are the 
individual's name and alias (if any), Social Security number (SSN) (if 
available), DOB, country of birth, country to which removed, date of 
removal, the final removal charge code, and DHS' ``A'' number.
    To verify the SSN, SSA will match EID data against records in its 
Enumeration System. SSA matches the verified SSNs against the existing 
Master Beneficiary Record (MBR) and SSR records to locate removals (and 
their dependents or survivors, if any) who have already claimed and are 
currently receiving RSDI, SSI benefits, or both. SSA will retain the 
data verified through this matching program on the MBR and SSR, to be 
associated with future claims activity.

System(s) of Records

Aliens Who Leave the United States Voluntarily (SSI)

    DHS will disclose to SSA information from the BIS system of 
records, DHS/USCIS-007, 81 FR 72069 (October 19, 2016). DHS will 
electronically format the BIS data for transmission to SSA. BIS data is 
comprised of data collected from USCIS immigration systems. USCIS data 
used to accomplish this matching agreement currently comes from the 
CLAIMS 3 database.
    SSA will match the DHS information with SSA's systems of records: 
Master Files of Social Security Number (SSN) Holders and SSN 
Applications (Enumeration System), 60-0058, last fully published on 
December 29, 2010 (75 FR 82121), and amended on July 5, 2013 (78 FR 
40542), February 13, 2014 (79 FR 8780), July 3, 2018 (83 FR 31250-51), 
and November 1, 2018 (83 FR 54969).
    In addition, SSA will match the DHS information with the 
Supplemental Security Income Record and Special Veterans Benefits, 60-
0103, last fully published on January 11, 2006 (71 FR 1830), and 
amended on December 10, 2007 (72 FR 69723), July 3, 2018 (83 FR 31250-
51), and November 1, 2018 (83 FR 54969).

Aliens Who Are Removed From the United States (RSDI and SSI)

    DHS will retrieve information on removed aliens from the DHS/ICE 
database known as the EID and electronically format it for transmission 
to SSA, and as covered by DHS/ICE-011--Criminal Arrest Records and 
Immigration Enforcement Records (CARIER), published October 19, 2016 
(81 FR 72080), to the extent that those records pertain to individuals 
under the Privacy Act or covered persons under the Judicial Redress Act 
of 2015 (5 U.S.C. 552a, note).
    The SSA systems of records used in the match are the Master Files 
of Social Security Number (SSN) Holders and SSN Applications 
(Enumeration System), 60-0058, last fully published on December 29, 
2010 (75 FR 82121), and amended on July 5, 2013 (78 FR 40542), February 
13, 2014 (79 FR 8780), July 3, 2018 (83 FR 31250-51), and November 1, 
2018 (83 FR 54969).
    The Supplemental Security Income Record and Special Veterans 
Benefits (SSR), 60-0103, last fully published on January 11, 2006 (71 
FR 1830), and amended on December 10, 2007 (72 FR 69723), July 3, 2018 
(83 FR 31250-51), and November 1, 2018 (83 FR 54969)
    The Master Beneficiary Record (MBR), 60-0090, last fully published 
on January 11, 2006 (71 FR 1826), and amended on December 10, 2007 (72 
FR 69723), July 5, 2013 (78 FR 40542), July 3, 2018 (83 FR 31250-51), 
and November 1, 2018 (83 FR 54969).
    The Prisoner Update Processing System (PUPS), 60-0269, last fully 
published on March 8, 1999 (64 FR 11076), and amended on December 10, 
2007 (72 FR 69723), July 5, 2013 (78 FR 40542), and November 1, 2018 
(83 FR 54969).
    The Unverified Prisoner System (UPS) is a subsystem of PUPS. UPS 
users perform a manual search of fallout cases where the Enumeration 
and Verification System is unable to locate an SSN for an alien who has 
been removed. Under a separate and existing Interagency Agreement (IAA) 
between SSA and DHS, SSA has automated access to the DHS Systematic 
Alien Verification for Entitlements (SAVE) program, DHS-USCIS-004, 81 
FR 78619 (November 8, 2016) that utilizes the Verification Information 
System to confirm naturalized and derived citizenship and immigration 
status. SSA will use the automated access to the SAVE program to verify 
current immigration status of aliens where the immediate EID match or 
any future claims activity indicate that an alien has been removed. The 
parties do not consider this verification as a separate match subject 
to the provisions of the Computer Matching and Privacy Protection Act 
(Pub. L. 100-503); the parties will conduct such verifications in 
compliance with the terms of the aforementioned IAA.
    The systems of records involved in this computer matching program 
have routine uses permitting the disclosures needed to conduct this 
match.

[FR Doc. 2019-27010 Filed 12-13-19; 8:45 am]
BILLING CODE 4191-02-P