82 FR 49920 - Privacy Act of 1974; Matching Program

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 82, Issue 207 (October 27, 2017)

In accordance with the provisions of the Privacy Act, as amended, this notice announces a new computer matching program that we are currently conducting with the Department of Homeland Security (DHS).

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49920-49922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23389]


-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2017-0027]


Privacy Act of 1974; Matching Program

AGENCY: Social Security Administration (SSA)

ACTION: Notice of a New Matching Program.

-----------------------------------------------------------------------

SUMMARY: In accordance with the provisions of the Privacy Act, as 
amended, this notice announces a new computer matching program that we 
are currently conducting with the Department of Homeland Security 
(DHS).

DATES: The deadline to submit comments on the proposed matching program 
is 30 days from the date of publication of this notice. The matching 
program will be effective on July 19, 2017, or once a minimum of 30 
days after the publication of this notice has elapsed, whichever is 
later. The matching program will expire on January 18, 2019.

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, 617 Altmeyer Building, 
6401 Security Boulevard, Baltimore, MD 21235-6401, or emailing to 
[email protected]. All comments received will be available for 
public inspection at this 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.

SUPPLEMENTARY INFORMATION: 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 (Pub. L. 
101-508) 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

[[Page 49921]]

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 Federal 
Register;
    (4) Furnish detailed reports about matching programs to Congress 
and OMB;
    (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.
    We have taken action to ensure that all of our computer matching 
programs comply with the requirements of the Privacy Act, as amended.

Mary Ann Zimmerman,
Acting 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 this agreement is executed under the Privacy Act of 1974, 5 United 
States Code (U.S.C.) 552(a), as amended by the Computer Matching and 
Privacy Protection Act (CMPPA) of 1988, and the regulations and 
guidance promulgated thereunder.
    Legal authorities for the disclosures under this agreement are 42 
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 (hereafter 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 amounts or to verify other information related 
to these determinations. Section 202(n)(2) of the Act (42 U.S.C. 
402(n)(2)) 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 Voluntarily

    Resident aliens eligible for SSI may receive payments for any month 
in which they reside in the United States. 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. The Act provides 
for limited exceptions to the general rule. See, e.g., 42 U.S.C. 
1382(f)(1) (providing an exception for United States citizen children 
living with a parent who is a member of the military assigned to 
permanent duty outside the United States). 42 U.S.C. 1382(f) and 20 
Code of Federal Regulations (CFR) 416.1327. Section 1611(f) 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 From the United States

    The Social Security Protection Act of 2004, Pub. L. 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 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 will have limited eligibility.
    Purpose(s): The purpose of this matching program is to set forth 
the terms, conditions, and safeguards under which DHS will disclose 
information to us identifying 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. We 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:
    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 and subject to 
suspension or non-payment of retirement, survivors, and disability 
insurance benefits and SSI payments. In certain situations, payment of 
auxiliary or survivors benefits to certain individuals who are entitled 
to such benefits on the record of a number holder who has been removed 
from the United States on certain grounds is prohibited.
    Categories of Records:

Aliens Who Leave the United States Voluntarily

    The data elements furnished by the DHS BIS System 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 name, DOB, and SSN 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 EID are the individual's name and 
alias (if any), SSN (if available), DOB, country of birth, country to 
which removed, date of

[[Page 49922]]

removal, the final removal charge code, and DHS Alien Registration 
Number (``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 
MBR and SSR records to locate removals (and their dependents or 
survivors, if any) who have already claimed and are currently receiving 
RSDI or 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, 73 FR 56596 (September 29, 2008). 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 (the Enumeration System), 60-0058, 75 FR 82121 (December 
29, 2010), and the Supplemental Security Income Record and Special 
Veterans Benefits (SSR), 60-0103, 71 FR 1830 (January 11, 2006).

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

    DHS will retrieve information on removed aliens from the DHS 
database known as the EID and electronically format it for transmission 
to SSA. These individuals are not U.S. citizens or Legally Permanent 
Residents and thus not covered by the Privacy Act or DHS system of 
records.
    The SSA systems of records used in the match are the Master Files 
of Social Security Number (SSN) Holders and SSN Applications (the 
Enumeration System), SSA/OEEAS, 60-0058, 75 FR 82121 (December 29, 
2010), the Supplemental Security Income Record and Special Veterans 
Benefits (SSR), 60-0103, 71 FR 1830 (January 11, 2006), the Master 
Beneficiary Record (MBR), 60-0090, 71 FR 1826 (January 11, 2006) and 
the Prisoner Update Processing System (PUPS), 60-0269, 64 FR 11076 
(March 8, 1999). 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 an 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. This system 
provides information on the current immigration status of aliens who 
have Alien Registration Numbers (``A'' numbers). 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 an alien has been removed. The parties do not 
consider this verification as a separate match subject to the 
provisions of the CMPPA; 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. 2017-23389 Filed 10-26-17; 8:45 am]
BILLING CODE 4191-02-P