Social Security Administration Announces Renewal of Existing Computer Matching Program
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Privacy Act of 1974, as Amended; Computer Matching Program (
A Notice by the
Publication Date:
Agency:
Dates: We will file a report of the subject matching program with the
Entry Type: Notice
Action: Notice of a renewal of an existing computer matching program that will expire on
Document Citation: 79 FR 21343
Page: 21343 -21344 (2 pages)
Agency/Docket Number:
Docket No. SSA-2014-0002
Document Number: 2014-08424
Shorter URL: https://federalregister.gov/a/2014-08424
Action
Notice Of A Renewal Of An Existing Computer Matching Program That Will Expire On
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 the Source Jurisdiction.
DATES:
We will file a report of the subject matching program with the
ADDRESSES:
Interested parties may comment on this notice by either telefaxing to (410) 966-0869 or writing to the Executive Director,
FOR FURTHER INFORMATION CONTACT:
The Executive Director,
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 (101) 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
(4) Furnish detailed reports about matching programs to
(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.
Executive Director,
Notice of Computer Matching Program, SSA With the
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 the 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, who are also (2) Supplemental Security Income (SSI) recipients, Retirement,
C.
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, and/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, and/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 (
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 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 C.F.R. 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. SSA 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/Special Veterans Benefits (SSR/SVB), SSA/ODSSIS (60-0103) Routine Use 28, last published on
E. Inclusive Dates of the Matching Program
The effective date of this matching program is
[*Federal RegisterJB 2014-04-15]
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