Notice2022-10609
Privacy Act of 1974; Matching Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 18, 2022
Issuing agencies
Social Security Administration
Abstract
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). The purpose of which is to set 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 96 (Wednesday, May 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30321-30323]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10609]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2022-0011]
Privacy Act of 1974; Matching Program
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a new matching program.
-----------------------------------------------------------------------
[[Page 30322]]
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). The purpose of which is to set
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: The deadline to submit comments on the proposed matching program
is June 17, 2022. The matching program will be applicable on July 19,
2022, 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-2022-0011 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Use the Search function to find docket number
SSA-2022-0011 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 <a href="/cdn-cgi/l/email-protection#632e0217170b06144d31020e10061a231010024d040c15"><span class="__cf_email__" data-cfemail="1a577b6e6e727f6d34487b77697f635a69697b347d756c">[email protected]</span></a>. Comments are also
available for public viewing on the Federal eRulemaking portal at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 Melissa Feldhan, 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 <a href="/cdn-cgi/l/email-protection#206d454c495353410e66454c4448414e605353410e474f56"><span class="__cf_email__" data-cfemail="3c715950554f4f5d127a595058545d527c4f4f5d125b534a">[email protected]</span></a>.
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).
<bullet> 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);
<bullet> Section 1611(a)(1) of the Act [42 U.S.C.
1382c(a)(1)]concerns the definition of eligible individuals;
<bullet> 8 U.S.C. 1611 mandates that non-qualified noncitizens (as
defined in 8 U.S.C. 1641) do not receive Federal public benefits;
<bullet> 8 U.S.C. 1612 also places some limits on qualified
noncitizens' ability to receive public benefits;
<bullet> 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;
<bullet> 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.
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
[[Page 30323]]
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 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), 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:
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 Social Security Number (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
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).
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 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 program are include:
<bullet> Master Files of SSN Holders and SSN Applications 60-0058,
last fully published at 87 FR 263 (January 4, 2022);
<bullet> Supplemental Security Income Record and Special Veterans
Benefits (SSR) (60-0103), last fully published at 71 FR 1830 (January
11, 2006), and amended at 72 FR 69723 (December 10, 2007), 83 FR.
31250-31251 (July 3, 2018), and 83 FR 54969 (November 1, 2018);
<bullet> Master Beneficiary Record (MBR) (60-0090), last fully
published at 71 FR 1826 (January 11, 2006), and updated at 72 FR 69723
(December 10, 2007), 78 FR 40542 (July 5, 2013), 83 FR 31250-31251
(July 3, 2018), and 83 FR 54969 (November 1, 2018); and
<bullet> Prisoner Update Processing System (PUPS) 60-0269, last
fully published at 64 FR 11076 (March 8, 1999), and updated 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. 2022-10609 Filed 5-17-22; 8:45 am]
BILLING CODE 4191-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.