TN 1 (12-18)

GN 03312.110 Law Enforcement Requests from Federal, State, and Local Agencies Involving Non-Violent Crimes

We may disclose program records to law enforcement agencies for non-violent crimes under20 C.F.R. § 401.155(c). Disclosures to Federal, State and local agencies for non-violent crimes are generally limited to cases involving the investigation or prosecution of fraud and abuse in health or income maintenance programs if the information concerns eligibility, benefit amounts, or other matters of benefit status in a social security program and is relevant to determining the same matters in the other program. A request must meet the requirements for a valid request, as discussed in GN 03312.105.

Examples of Federal, State and local health and income maintenance programs include:

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  Railroad Retirement Board pension and unemployment compensation programs;

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  Department of Veterans Affairs’ compensation and benefit programs;

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  subsidized housing;

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  Supplemental Nutrition and Assistance Program (SNAP);

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  Title IV, Temporary Assistance for Needy Families (TANF);

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  general assistance;

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  Title XX services;

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  fuel subsidies;

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  workers’ compensation;

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  Title III, unemployment compensation;

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  government pension programs; and

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  Section 1616(a) State supplementation.

IMPORTANT: The Federal Bureau of Investigation has jurisdiction over the investigation and prosecution of welfare fraud on Native American territories. Do not release any information to state agencies in these instances, as they do not have jurisdiction over the case.

Special procedures apply to requests for testimony and requests for information made under the agency’s Touhy regulations at 20 C.F.R. Part 403. In addition, special procedures apply to requests from the Department of Justice when it requests information or testimony in civil or criminal matters and requests from the Social Security Administration’s Office of the Inspector General (OIG) when OIG requests agency testimony. Direct these requests to the appropriate Office of the General Counsel Regional Office or at Headquarters the Office of General Law .

Tax return information is defined in GN 03320.001D.1.

For examples of authorized disclosures of tax return information to Federal, State and local agencies, see

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  GN 03320.015C.2 Examples of Disclosures of Tax Return Information to Other Federal Agencies With Consent

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  GN 03320.015C.3 Examples of Disclosures of Tax Return Information to State Agencies Without Consent

In these cases, handle the requests in accordance with the procedure in GN 03320.001E.

Field offices (FO) should not provide tax-return information to requesters.

If FOs receive a request from an agency or third party for tax return information, seek advice from the component Privacy Act Coordinator (PAC), who may consult with the Office of Privacy and Disclosure, as necessary.