Privacy Act of 1974; Matching Program

 
CONTENT
Federal Register, Volume 84 Issue 241 (Monday, December 16, 2019)
[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