Privacy Act of 1974; Matching Program, 57725-57726 [2021-22631]

Agencies

• Social Security Administration

[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57725-57726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22631]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2021-0018]


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 State or 
local law enforcement agency or jurisdiction (Source Jurisdiction).

DATES: Submit comments on or before November 17, 2021. The matching 
program will be applicable on April 10, 2022, 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: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. [SSA-2021-0018] so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the internet. Please visit the Federal eRulemaking portal at https://www.regulations.gov. Use the Search function to find docket number 
[SSA-2021-0018] and then submit your comments. The system will issue 
you a tracking number to confirm your submission. You will not be able 
to view your comment immediately because we must post each submission 
manually. It may take up to a week for your comments to be viewable.
    2. Fax: Fax comments to (410) 966-0869.
    3. Mail: 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]. Comments are also 
available for public viewing on the Federal eRulemaking portal at 
https://www.regulations.gov or in person, during regular business hours, 
by arranging with the contact person identified below.

FOR FURTHER INFORMATION CONTACT: Interested parties may submit general 
questions about the matching program to Andrea Huseth, Division 
Director, Office of Privacy and Disclosure, Office of the General 
Counsel, Social Security Administration, G-401 WHR, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, at telephone: (410) 966-5855, or 
send an email to [email protected].

SUPPLEMENTARY INFORMATION: Under this matching program, SSA will 
conduct a 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.

Matthew Ramsey,
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 are 1611(e)(4)(A)(i), 202(x)(l)(A)(iv), and 804(a)(2) of the 
Act (42 U.S.C. 1382(e)(4)(A)(i), 402(x)(l)(A)(iv), and 1004(a)(2)), 
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, or in jurisdictions that do not define such crimes as 
felonies, is punishable by death or imprisonment for a term exceeding 1 
year (regardless of the actual sentence imposed). 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. Sections 
1611(e)(4)(A)(ii), 202(x)(l)(A)(v), and 804(a)(3) of the Act (42 U.S.C. 
1382(e)(4)(A)(ii), 402(x)(l)(A)(v), and 1004(a)(3)), which prohibit 
payment of SSI, RSDI, or SVB benefits to a recipient/beneficiary who 
violates a condition of probation or parole imposed under Federal or 
state law. As a result 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 violation 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. 383(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 are 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 terms of the Clark Court Order and the Martinez 
Settlement do not restrict this disclosure authority in any manner.

Purpose(s)

    The purpose of this agreement is to establish the terms, 
conditions, and safeguards under which SSA will conduct a 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 Act and in accordance

[[Page 57726]]

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 individuals who receive SSI, RSDI, or SVB benefits, or 
individuals serving as representative payees for SSI recipients, RSDI 
beneficiaries, or SVB beneficiaries.

Categories of Records

    The Source Jurisdiction will provide specific data elements for 
individuals as specified in Attachment A. SSA Data Elements Matched:
    a. SSR/SVB and MBR: Individual's SSN and payment status.
    b. Master Files of SSN Holders and SSN Applications: Individual's 
name, date of birth, SSN, and gender.
    c. Master Representative Payee File: Individual's SSN and status as 
a representative payee.
    Alphident Use: The purpose of using the Alphident file under this 
agreement is to locate an individual's SSN by name search. SSA 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 SSA to locate the SSN by utilizing electronic 
data systems currently available.
    SSA matches 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 SSA's file, SSA assumes that the SSN 
associated with the matched name and date of birth belongs to the 
person named by the Source Jurisdiction. SSA then treats 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 SSA's records. If the name of an individual matches with a 
single SSN in SSA's records, SSA assumes 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. SSA 
then considers this a matched item.

System(s) of Records: Source Jurisdiction Records

    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 including the record source 
name and where record source obtained the information.
    SSA System of Records--SSA will match the following systems of 
records with the incoming Source Jurisdiction records to determine 
individuals who receive SSI, RSDI, or SVB benefits, or individuals 
serving as representative payees for SSI recipients, RSDI 
beneficiaries, or SVB beneficiaries:
    a. Supplemental Security Income Record and Special Veterans 
Benefits (SSR/SVB), 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;
    b. Master Beneficiary Record (MBR), 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;
    c. 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,
    d. 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. 2021-22631 Filed 10-15-21; 8:45 am]
BILLING CODE 4191-02-P