4191-02P
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.
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 [INSERT
DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
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 http://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 Matthew.Ramsey@ssa.gov. Comments are
also available for public viewing on the Federal eRulemaking portal at
http://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 Cynthia.Scott@ssa.gov.
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
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, 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.
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), 600058, 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 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: 7/18/2024 8:45 am; Publication Date: 7/19/2024]