# Privacy Act of 1974; Report of Revised System of Records > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-17771 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** July 21, 1994 ## Text DEPARTMENT OF HEALTH AND HUMAN SERVICES Social Security Administration Privacy Act of 1974; Report of Revised System of Records AGENCY: Social Security Administration (SSA), Department of Health and Human Services (HHS). ACTION: Revision to a system of records. ----------------------------------------------------------------------- SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e) (11)), we are issuing public notice of our intent to revise the name and description of a system of records entitled ``Master Files of Social Security Number Holders, HHS/SSA/OSR, 09-60-0058'' (last published at 58 FR 35025, June 30, 1993). DATES: The proposed changes will become effective as proposed, without further notice on August 30, 1994, unless we receive comments on or before that date which would warrant our preventing the changes from taking effect. ADDRESSES: Interested individuals may comment on this publication by writing to the SSA Privacy Officer, Social Security Administration, room 3-D-1 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235. All comments received will be available for public inspection at that address. FOR FURTHER INFORMATION CONTACT: Mr. Stanley Hanna, Social Insurance Specialist, 3-D-1 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235, telephone (410) 966-7077. SUPPLEMENTARY INFORMATION: I. Discussion of Proposed Revision We are changing the name of the system of records and the description of its purpose to clarify the fact that it includes applications for Social Security numbers (SSNs) submitted with suspicious or fraudulent evidence, as well as the records of individuals who have applied for and been assigned SSNs. The vast majority of SSN applications with complete evidence are soon approved and SSNs are assigned to the applicants in a few days. In some cases, however, an application may be held and a record maintained for up to 120 days while SSA determines whether the evidence of identity, age or citizenship/alien status is proper and authentic. SSA disallows applications which are supported by fraudulent documents, and maintains records of such applications. These records prevent individuals whose applications are supported by fraudulent or suspicious documents from obtaining SSNs by visiting other SSA offices which might unwittingly accept these documents. Besides changing the name of the system and showing that its purpose includes protecting against SSN applications supported by suspicious or fraudulent evidence, we have changed some of the other language: To show that the system covers paper applications for SSNs as well as electronic records, and To explain how a record is retrieved when it does not include an SSN. II. Effect of the Proposed Changes on Individual Rights The proposed changes will clarify the types of information which SSA maintains about persons who apply for SSNs. They will have no effect on individuals' rights. Dated: July 12, 1994. Shirley S. Chater, Commissioner of Social Security. 09-60-0058 Master Files of Social Security Number (SSN) Holders and SSN Applications, HHS/SSA/OSR. None. Social Security Administration, Office of Systems Operations, 6401 Security Boulevard, Baltimore, MD 21235 Social Security Administration, Office of Central Records Operations, Metro West Building, 300 N. Greene Street, Baltimore, MD 21201. Records may also be maintained at contractor sites (contact the system manager at the address below to obtain contractor addresses). This system contains a record of each individual who has applied for and obtained a Social Security number (SSN) and of each individual whose application was supported by documents which are suspected to be fraudulent and are being verified with the issuing agency, or have been determined to be fraudulent. This system contains all of the information received on original applications for SSNs (e.g., name, date and place of birth, sex, both parents' names, and race/ethnic data), and any changes in the information on the applications that are submitted by the SSN holders. It also contains applications supported by evidence suspected or determined to be fraudulent, along with the mailing addresses of the individuals who filed such applications and descriptions of the documentation which they submitted. Cross-references may be noted where multiple numbers have been issued to the same individual and an indication may be shown that a benefit claim has been made under a particular SSN(s). Sections 205(a) and 205(c)(2) of the Social Security Act. Information in this system is used by the Social Security Administration (SSA) to assign SSNs. The information also is used for a number of administrative purposes, such as: By SSA components for various title II, XVI, and XVIII claims purposes including usage of the SSN itself as a case control number and a secondary beneficiary cross- reference control number for enforcement purposes and use of the SSN record data for verification of claimant identity factors and for other claims purposes related to establishing benefit entitlement; By SSA as a basic control for retained earnings information; By SSA as a basic control and data source to prevent issuance of multiple SSNs; As the means to identify reported names or SSNs on earnings reports; For resolution of earnings discrepancy cases; For statistical studies; By the Department of Health and Human Services (HHS), Office of Inspector General, Office of Audit Services, for auditing benefit payments under Social Security programs; By the HHS Office of Child Support Enforcement for locating parents who owe child support; By the National Institute of Occupational Safety and Health for epidemiological research studies required by the Occupational Safety and Health Act of 1974; By the SSA Office of Refugee Resettlement for administering Cuban refugee assistance payments; and By the HHS Health Care Financing Administration for administering Title XVIII claims. Information in this system is also used by SSA to prevent the processing of an SSN card application for an individual whose application is identified as having been supported by evidence that either: Is suspect and being verified, or Has been determined to be fraudulent. With this system in place, clerical investigation and intervention is required. Social Security offices are alerted in case an applicant attempting to obtain an SSN might visit other offices and might attempt to find one which would unwittingly accept fraudulent documentation. Disclosure may be made for routine uses as indicated below: 1. Employers are notified of the SSNs of employees in order to complete their records for reporting wages to SSA pursuant to the Federal Insurance Contributions Act and section 218 of the Social Security Act. 2. To State welfare agencies, upon written request, of the SSNs of Aid to Families with Dependent Children applicants or recipients. 3. To the Department of Justice (DOJ), Federal Bureau of Investigation and United States Attorneys, for investigating and prosecuting violations of the Social Security Act. 4. To the DOJ, Immigration and Naturalization Service, for the identification and location of aliens in the United States pursuant to requests received under section 290(c) of the Immigration and Nationality Act (8 U.S.C. 1360(c)). 5. To a contractor for the purpose of collating, evaluating, analyzing, aggregating or otherwise refining records when SSA contracts with a private firm. (The contractor shall be required to maintain Privacy Act safeguards with respect to such records.) 6. To the Railroad Retirement Board for: (a) Administering provisions of the Railroad Retirement and Social Security Acts relating to railroad employment; and (b) Administering the Railroad Unemployment Insurance Act. 7. To the Department of Energy for its study of the long-term effects of low-level radiation exposure. 8. To the Department of the Treasury for: (a) Tax administration as defined in section 6103 of the Internal Revenue Code (26 U.S.C. 6103); and (b) Investigating the alleged theft, forgery, or unlawful negotiation of Social Security checks. 9. To a congressional office in response to an inquiry from the office made at the request of the subject of a record. 10. To the Department of State for administering the Social Security Act in foreign countries through facilities and services of that agency. 11. To the American Institute of Taiwan for administering the Social Security Act on Taiwan through facilities and services of that agency. 12. To the Department of Veterans Affairs (DVA), Philippines Regional Office, for administering the Social Security Act in the Philippines through facilities and services of that agency. 13. To the Department of the Interior for administering the Social Security Act in the Trust Territory of the Pacific Islands through facilities and services of that agency. 14. To the Department of Labor for: (a) Administering provisions of the Federal Coal Mine Health and Safety Act; and (b) Conducting studies of the effectiveness of training programs to combat poverty. 15. To DVA for the following purposes: (a) For the purpose of validating SSNs of compensation recipients/ pensioners in order to provide the release of accurate pension/ compensation data by DVA to SSA for Social Security program purposes; and (b) Upon request, for purposes of determining eligibility for or amount of DVA benefits, or verifying other information with respect thereto. 16. To Federal agencies which use the SSN as a numerical identifier in their recordkeeping systems, for the purpose of validating SSNs. 17. To DOJ, to a court, to another tribunal, or to another party before such tribunal, when: (a) SSA, or any component thereof; or (b) Any SSA employee in his/her official capacity; or (c) Any SSA employee in his/her individual capacity when DOJ (or SSA when it is authorized to do so) has agreed to represent the employee; or (d) The United States or any agency thereof when SSA determines that the litigation is likely to affect the operations of SSA or any of its components is a party to litigation or has an interest in such litigation, and SSA determines that the use of such records by DOJ, the tribunal, or other party before such tribunal is relevant and necessary to the litigation, provided, however, that in each case, SSA determines that such disclosure is compatible with the purpose for which the records were disclosed. Wage and other information that is subject to disclosure provisions of the Internal Revenue Code (IRC) will not be disclosed under this routine use unless disclosure is expressly permitted by the IRC. 18. To State audit agencies for auditing State supplementation payments and Medicaid eligibility considerations. 19. Information necessary to adjudicate claims filed under an international Social Security agreement that the United States has entered into pursuant to section 233 of the Social Security Act may be disclosed to a foreign country which is a party to that agreement. 20. To Federal, State, or local agencies (or agents on their behalf) for the purpose of validating SSNs used in administering cash or noncash income maintenance programs or health maintenance programs (including programs under the Social Security Act). 21. To third party contacts when the party to be contacted has, or is expected to have, information which will verify documents when SSA is unable to determine if such documents are authentic. 22. Upon request, information on the identity and location of aliens may be disclosed to the DOJ, Criminal Division, Office of Special Investigations, for the purpose of detecting, investigating, and, when appropriate, taking legal action against suspected Nazi war criminals in the United States. 23. To the Selective Service System for the purpose of enforcing draft registration pursuant to the provisions of the Military Selective Service Act (50 U.S.C. App. 462, as amended by section 916 of Pub. L. 97-86). 24. To contractors and other Federal agencies, as necessary, for the purpose of assisting SSA in the efficient administration of its programs. We contemplate disclosing information under this routine used only in situations in which SSA may enter into a contractual or similar agreement with a third party to assist in accomplishing an agency function relating to this system of records. 25. Validated SSN information may be disclosed to organizations or agencies such as prison systems that are required by law to furnish SSA with SSN information. 26. Nontax return information that is not restricted from disclosure by Federal law may be disclosed to the General Services Administration and the National Archives and Records Administration for the purpose of conducting records management studies with respect to their duties and responsibilities under 44 U.S.C. 2904 and 2906, as amended by the National Archives and Records Administration Act of 1984. 27. Disclosure of SSNs and dates of birth may be made to the DVA or third parties under contract to that agency for the purpose of conducting DVA medical research and epidemiological studies. 28. SSN information may be disclosed to the Office of Personnel Management (OPM) upon receipt of a request from that agency in accordance with 5 U.S.C. 8347(m)(3), when OPM needs the information in administering its pension program for retired Federal Civil Service employees. 29. Upon request by the Department of Education, SSNs which are provided by students to postsecondary educational institutions may be verified as required by Title IV of the Higher Education Act of 1965 (20 U.S.C. 1091). Records in this system are maintained in paper form (e.g., paper lists, punch cards, Forms SS-5 (Application for an SSN), and systems generated forms); magnetic media (e.g., magnetic tape and disk with on- line access); and in microfilm and microfiche form. Records of SSN holders are indexed by both SSN and name. Records of applications that have been denied because the applicant submitted fraudulent evidence, or that are being verified because the evidence is suspected to be fraudulent, are indexed either by the applicant's name plus month and year of birth, or by the applicant's name plus the eleven-digit reference number of the disallowed application. Safeguards for automated records have been established in accordance with the HHS Automated Data Processing Manual, ``Part 6, ADP Systems Security.'' This includes maintaining the magnetic tapes and disks within a secured enclosure attended by security guards. Anyone entering or leaving this enclosure must have a special badge issued only to authorized personnel. For computerized records electronically transmitted between Central Office and Field Office locations (including organizations administering SSA programs under contractual agreements), safeguards include a lock/unlock password system, exclusive use of leased telephone lines, a terminal-oriented transaction matrix, and an audit trail. All microfilm, microfiche, and paper files are accessible only by authorized personnel who have a need for the records in the performance of their official duties. Expansion and improvement of SSA's telecommunications systems has resulted in the acquisition of terminals equipped with physical key locks. The terminals also are fitted with adapters to permit the future installation of data encryption devices and devices to permit the identification of terminal users. All paper forms are retained for 5 years after they have been filmed or entered on tape and the accuracy has been verified. They then are destroyed by shredding. All tape, disks, microfilm, and microfiche files are updated periodically. Out-of-date magnetic tapes and disks are erased. Out-of-date microfiches are disposed of by applying heat. Director, Division of Data Support and Enumeration, Office of Systems Requirements, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235. An individual can determine if this system contains a record pertaining to him/her by providing his/her name, signature, and SSN to the address shown under ``System Manager'' above. (Furnishing the SSN is voluntary, but it makes searching for an individual's record easier and avoids delay.) If the SSN is unknown or no SSN has been assigned because the evidence presented with the application is being verified or has been determined to be fraudulent, the individual should provide name, signature, date and place of birth, sex, mother's birth name, and father's name, and evidence of identity. These procedures are in accordance with HHS Regulations 45 CFR part 5b. Same as notification procedures. Also, requesters should reasonably specify the record contents which they are seeking. These procedures are in accordance with HHS Regulations 45 CFR part 5b. Same as notification procedures above. Also, requesters should reasonably identify the record, specify the information which they are contesting, and state the corrective action sought and the reasons for the correction, with supporting justification showing how the record is incomplete, untimely, inaccurate, or irrelevant. These procedures are in accordance with HHS Regulations 45 CFR part 5b. Information in this system is obtained from SSN applicants (or individuals acting on their behalf). The SSN itself is assigned to the individual as a result of internal processes of this system. None. [FR Doc. 94-17771 Filed 7-20-94; 8:45 am] BILLING CODE 4190-29-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-17771. Public record. Not legal advice.