Privacy Act of 1974; Matching Program, 58868-58870 [2024-15918]

Agencies

• Social Security Administration

[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58868-58870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15918]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2024-0012]


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 matching program sets forth 
the terms, conditions, and safeguards under which DHS will disclose 
information to SSA in order to identify noncitizens who leave the 
United States voluntarily and noncitizens who are removed from the 
United States.

DATES: Submit comments on the proposed matching program no later than 
August 19, 2024. The matching program will be applicable on January 19, 
2025, 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: 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-2024-0012 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 (SSN) 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-2024-0012 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, 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 Cynthia Scott, 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) 965-1416, or 
send an email to [email protected].

SUPPLEMENTARY INFORMATION: For functions of this matching program, 
``noncitizen'' is synonymous with ``noncitizen'' as defined in section 
1101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3)), meaning ``any person not a citizen or national of the 
United States.''

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

    This Agreement is executed under the Privacy Act of 1974, 5 U.S.C. 
552a, as amended by the Computer Matching and Privacy Protection Act 
(CMPPA) of 1988, Public Law (Pub. L.) 100-503, 102 Stat. 2507 (1988), 
as amended, and the Computer Matching and Privacy Protection Amendments 
of 1990, and the regulations and guidance promulgated thereunder.
    The CMPPA applies when computerized comparisons of Privacy Act-
protected records contained within a Federal agency's databases and the 
records of another organization are made in order to determine an 
individual's eligibility to receive a Federal benefit. The CMPPA 
requires the parties participating in a matching program to execute a 
written agreement specifying the terms and conditions under which the 
matching program will be conducted.
    Legal authorities for the disclosures under this Agreement are 
covered by various sections of the Social Security Act (Act).
     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);
     Section 1611(a)(1) of the Act [42 U.S.C. 1382c(a)(1)] 
concerns the definition of eligible individuals;
     8 U.S.C. 1611 mandates that non-qualified noncitizens (as 
defined in 8 U.S.C. 1641) do not receive Federal public benefits;
     8 U.S.C. 1612 also places some limits on qualified 
noncitizens' ability to receive public benefits;
     Section 1631(e)(1)(B) of the 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 or benefit

[[Page 58869]]

amounts or to verify other information related to these determinations.

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

    Resident noncitizens 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. 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. See 42 U.S.C. 1382(f) and 20 CFR 416.1327.

B. Noncitizens 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 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.

Purpose(s)

    This matching program establishes the conditions under which DHS 
will disclose information to SSA in order to identify noncitizens who 
leave the United States voluntarily and noncitizens who are removed 
from the United States. These noncitizens 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, nonpayment of benefits, and/or recovery of overpayments, is 
applicable.

Categories of Individuals

    The individuals whose information is involved in this matching 
program are:
    1. Noncitizens who leave the United States voluntarily and are 
subject to suspension or non-payment of SSI.
    2. Noncitizens 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 noncitizen 
within the statutory definitions, they are ineligible for SSI benefits. 
A qualified noncitizen may have limited eligibility.

Categories of Records

1. Noncitizens 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 
noncitizen's name, SSN, date of birth (DOB), Noncitizen 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 Supplemental Security Income 
Record and Special Veteran Benefit (SSR) files.

2. Noncitizens Who Are Removed From the United States

    The data elements furnished from DHS/U.S. Immigration and Customs 
Enforcement's (ICE) Enforcement Integrated Database (EID) are the 
individual's name and alias (if any), 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

1. Noncitizens Who Leave the United States Voluntarily (SSI)

    DHS will disclose to SSA information from the DHS/USCIS-007 
Benefits Information System, 84 FR 54622 (November 12, 2019). 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 SSN Holders and SSN Applications (Enumeration System), 
60-0058, last fully published at 87 FR 263 (January 4, 2022);
    In addition, SSA will match the DHS information with the SSR (60-
0103) last fully published at 71 FR 1830 (January 11, 2006) and 
modified at 72 FR 69723 (December 10, 2007), 83 FR 31250-31251 (July 3, 
2018), 83 FR 54969 (November 1, 2018), 89 FR 825 (January 5, 2024), and 
89 FR 14554 (February 27, 2024).

2. Noncitizens Who Are Removed From the United States

    DHS will retrieve information on removed noncitizens from the DHS/
ICE EID database and electronically format it for transmission to SSA, 
and as covered by DHS/ICE-011-Criminal Arrest Records and Immigration 
Enforcement Records (CARIER), published at 81 FR 72080 (October 19, 
2016), to the extent that those records pertain to individuals under 
the Privacy Act or covered

[[Page 58870]]

persons under the Judicial Redress Act of 2015 (5 U.S.C. 552a, note).
    The SSA systems of records used in the match program are include:
     Master Files of SSN Holders and SSN Applications (60-
0058), last fully published at 87 FR 263 (January 4, 2022);
     SSR (60-0103), last fully published at 71 FR 1830 (January 
11, 2006) and modified at 72 FR 69723 (December 10, 2007), 83 FR 31250-
31251 (July 3, 2018), 83 FR 54969 (November 1, 2018), 89 FR 825 
(January 5, 2024), and 89 FR 14554 (February 27, 2024);
     MBR (60-0090), last fully published at 71 FR 1826 (January 
11, 2006) and modified at 72 FR 69723 (December 10, 2007), 78 FR 40542 
(July 5, 2013), 83 FR 31250-31251 (July 3, 2018), 83 FR 54969 (November 
1, 2018), 89 FR 825 (January 5, 2024), and 89 FR 14554 (February 27, 
2024); and
     Prisoner Update Processing System (PUPS) (60-0269), last 
fully published at 64 FR 11076 (March 8, 1999), and modified at 72 FR 
69723 (December 10, 2007), 78 FR 40542 (July 5, 2013), and 83 FR 54969 
(November 1, 2018).
    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 a noncitizen who 
has been removed.
    The systems of records involved in this computer matching program 
have routine uses permitting the disclosures needed to conduct this 
match.

[FR Doc. 2024-15918 Filed 7-18-24; 8:45 am]
BILLING CODE 4191-02-P