# Privacy Act of 1974 Report of New Routine Use

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## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 6, 1995
- **Citation:** 60 FR 2144

## Text

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration

Privacy Act of 1974 Report of New Routine Use

AGENCY: Social Security Administration (SSA), Department of Health and
Human Services (HHS).

ACTION: New Routine Use.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(11)), we
are issuing public notice of our intent to establish a new routine use
of information maintained in the systems of records entitled ``Master
Files of Social Security Number Holders, HHS/SSA/OSR, 09-60-0058,''
``Master Beneficiary Record, HHS/SSA/OSR, 09-60-0090,'' and
``Supplemental Security Income Record, HHS/SSA/OSR, 09-60-0103.''
The proposed routine use will permit SSA to disclose to the public
corrected data concerning the life status of individuals previously
incorrectly identified as deceased on one or more of the systems of
record cited above and made available to the public with information
extracted from these systems through SSA's Death Master File (DMF).
This is consistent with the requirements of the Privacy Act (5 U.S.C.
552a) to maintain all records with accuracy, relevance, timeliness, and
completeness (5 U.S.C. 552a(e)(5)), and to establish safeguards to
insure the integrity of records against substantial harm,
embarrassment, inconvenience, or unfairness that might result to any
individual on whom information is maintained (5 U.S.C. 552a(e)(10)).
We invite public comments on this publication.

DATES: The proposed routine use will become effective as proposed
without further notice on January 23, 1995, unless we receive comments
on or before that date which would warrant our preventing the routine
use from taking effect.

ADDRESSES: Interested individuals may comment on this proposal by
writing to the SSA Privacy Officer, Social Security Administration, 3-
A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland
21235. All comments received will be available for public inspection at
the above address.

FOR FURTHER INFORMATION CONTACT: Mr. John Kattler, Social Insurance
Specialist, 3-D-1 Operations Building, Standards and Compliance Branch,
Office of Disclosure Policy, 6401 Security Boulevard, Baltimore,
Maryland 21235, telephone 410-965-1738.

SUPPLEMENTARY INFORMATION:

I. Discussion of the Proposed Routine Use

SSA discloses information on deceased individuals in various SSA
systems of records from a consolidated ``Death Master File'' (DMF),
created to provide a means of servicing requests made under the Freedom
of Information Act (5 U.S.C. 552) for a list of all deceased
individuals in SSA records. The records of deceased individuals are
[[Page 2145]] not protected from disclosure by the Privacy Act (20 CFR
401.350). The DMF contains the following information on each decedent,
if the data are available to SSA:

Social Security Number
Last Name
First Name
Date of Death
Date of Birth
State/County Code of Residence
Zip Code--Last Residence
Zip Code--Lump Sum Payment

Occasionally, living individuals are erroneously included in the
DMF (e.g., due to inaccurate death reports or inaccurate data input).
DMF customers are warned that not all of the information is verified
and SSA does not guarantee the accuracy of the DMF. Nonetheless, living
individuals have complained to SSA that they were erroneously reported
as deceased to DMF customers, such as insurance companies, financial
institutions and credit agencies. This has resulted in insurance
termination, denial of credit, embarrassment, inconvenience and other
harm, both tangible and intangible to the individuals involved. The
proposed routine use would allow SSA to routinely issue timely notices
of correction to DMF customers if and when SSA corrects its own
records. Such notices would not be dependent upon or require the
consent of affected individuals.

II. Compatibility of the Proposed Routine Use

We are proposing this routine use in accordance with the Privacy
Act (5 U.S.C. 552a(b)(3)) and our disclosure regulation (20 CFR part
401). We disclose information for routine uses where necessary to carry
out SSA's programs. Inherent in this is the responsibility of
maintaining the records for SSA's programs with accuracy, relevance,
and timeliness and to ensure against harm and embarrassment to
individuals resulting from any inaccuracies in SSA's records as
required by 5 U.S.C. 552a(e) (5) and (10). We believe this
responsibility for accuracy outweighs any concern that the correction
of a record that was disclosed because it was incorrectly believed that
the individual was deceased might constitute an improper disclosure
concerning a living individual. The greater potential harm to the
individual would result if the initial error were allowed to continue.

III. Effect of the Proposed Routine Use on Individuals

We will disclose information under the proposed routine use only to
recipients of the DMF to correct erroneous inclusion of individuals in
the DMF. The intention is to expedite notification of DMF corrections
and to minimize any harm to affected individuals that might result from
action of DMF recipients that is based on erroneous inclusion in the
DMF (e.g., termination of insurance, denial of credit). We do not
believe that the routine use will have any unwarranted effects on the
rights or privacy interests of individuals.

IV. Minor Revisions to the System of Records

We are also correcting a few self-evident errors for purposes of
accuracy.

Dated: December 6, 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 an 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 Act.
Information in this system is used by 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 HHS, Office of Inspector General, Office of Audit
Services, for auditing benefit payments under Social Security programs;
By the HHS OCSE 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 HCFA 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.
[[Page 2146]]
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 FICA
and section 218 of the Act.
2. To State welfare agencies, upon written request, of the SSNs of
AFDC applicants or recipients.
3. To the DOJ, Federal Bureau of Investigation and United States
Attorneys, for investigating and prosecuting violations of the 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 PA
safeguards with respect to such records.)
6. To RRB 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 IRC (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 Act in foreign
countries through facilities and services of that agency.
11. To the American Institute of Taiwan for administering the Act
on Taiwan through facilities and services of that agency.
12. To VA, Philippines Regional Office, for administering the Act
in the Philippines through facilities and services of that agency.
13. To the Department of the Interior for administering the 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 Black Lung Benefits 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 VA to SSA for Social Security program purposes;
and
(b) Upon request, for purposes of determining eligibility for or
amount of VA 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 the 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
collected.
Wage and other information that is subject to disclosure provisions
of the 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. To the Social Security agency of a foreign country, to carry
out the purpose of an international Social Security agreement entered
into between the United States and the other country, pursuant to
section 233 of the Act.
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 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 use
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 GSA and NARA 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 NARA Act of 1984.
27. Disclosure of SSNs and dates of birth may be made to VA 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 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).
30. To student volunteers and other workers, who technically do not
have the status of Federal employees, when they are performing work for
SSA as authorized by law, and they need access [[Page 2147]] to
personally identifiable information in SSA records in order to perform
their assigned Agency functions.
31. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary;
(a) To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace and the operation of SSA
facilities, or
(b) To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
32. Corrections to information that resulted in erroneous inclusion
of individuals in the Death Master File (DMF) may be disclosed to
recipients of erroneous DMF information.
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 disc 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 Systems Security Handbook. This includes
maintaining the magnetic tapes and discs 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 CO and
FO 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, discs, microfilm, and microfiche
files are updated periodically. Out-of-date magnetic tapes and discs
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.
09-60-0090
Master Beneficiary Record (MBR), HHS/SSA/OSR.
None.
Social Security Administration, Office of System Operations, 6401
Security Boulevard, Baltimore, MD 21235.
All Social Security beneficiaries who are or were entitled to
receive Retirement and Survivors Insurance (RSI), or Disability
Insurance (DI) benefits, including individuals who have received a RSI
or DI payment since November 1978 even if their payment is not part of
an ongoing award of benefits; individuals (nonclaimants) on whose
earnings records former spouses apply for RSI or DI benefits; persons
who are only enrolled in the Hospital and/or Supplementary Medical
Insurance (SMI) programs; and claimants whose benefits have been denied
or disallowed.
The system also contains short references to records for persons
entitled to Supplemental Security Income payments, Black Lung benefits
or Railroad Retirement Board (RRB) benefits.
The MBR contains information about each claimant who has applied
for RSI or DI benefits, or to be enrolled in the Hospital or SMI
programs; a record of the amount of Federal tax withheld on benefits
paid to nonresident aliens; and the aggregate amount of benefit
payments, repayments and reductions with respect to an individual in a
calendar year. A record is maintained under each individual's Social
Security Number (SSN). However, if the individual has filed on another
person's SSN, only a short ``pointer'' record is maintained. Personal
and general data about the claim is maintained under the SSN of that
claim. Data about the claimant can be accessed using the
[[Page 2148]] claimant's SSN or the SSN on which benefits have been
awarded or claimed (claim account number (CAN)).
There are three types of data in each CAN:
Account data. This includes the primary insurance amount, insured
status of the SSN-holder (if no monthly benefits are payable), data
relating to the computation (use of military service credits, railroad
retirement credits, or coverage credits earned under the social
security system of a foreign country when the claim is based on a
totalization agreement), and, if only survivor's benefits have been
paid, identifying data about the SSN holder (full name, date of birth,
date of death and verification of date of death).
Payment data. This includes the payee's name and address, data
about a financial institution (if benefits are sent directly to the
institution for deposit), the monthly payment amount, the amount and
date of a one-time payment of past due benefits, and, where
appropriate, a scheduled future payment. Payment data can refer to one
beneficiary or several beneficiaries in a combined payment.
Beneficiary data. This includes personal information (name, date of
birth, sex, date of filing, relationship to the SSN holder, other
SSN's, benefit amount and payment status), and, if applicable,
information about a representative payee, data about disability
entitlement, worker's compensation offset data, estimates and report of
earnings, or student entitlement information.
Sections 202-205, 223, 226, 228, 1818, 1836, and 1840 of the Social
Security Act (the Act).
Data in this system are used by a broad range of Social Security
employees for responding to inquiries, generating followups on
beneficiary reporting events, computer exception processing,
statistical studies, conversion of benefits, and generating records for
the Department of the Treasury to pay the correct benefit amount.
Data in this system also are available to the Department of Health
and Human Services' (HHS') Office of Inspector General for use in the
performance of the duties of that office.
Disclosure may be made for routine uses as indicated below:
1. To applicants or claimants, prospective applicants or claimants
(other than the data subject), their authorized representatives or
representative payees to the extent necessary to pursue Social Security
claims and to representative payees, when the information pertains to
individuals for whom they serve as representative payees, for the
purpose of assisting SSA in administering its representative payment
responsibilities under the Act and assisting the representative payees
in performing their duties as payees, including receiving and
accounting for benefits for individuals for whom they serve as payees.
2. To third party contacts in situations where the party to be
contacted has, or is expected to have, information relating to the
individual's capability to manage his/her affairs or his/her
eligibility for, or entitlement to, benefits under the Social Security
program when:
(a) The individual is unable to provide information being sought.
An individual is considered to be unable to provide certain types of
information when:
(1) He/she is incapable or of questionable mental capability;
(2) He/she cannot read or write;
(3) He/she cannot afford the cost of obtaining the information;
(4) He/she has a hearing impairment, and is contacting SSA by
telephone through a telecommunications relay system operator;
(5) A language barrier exists; or
(6) The custodian of the information will not, as a matter of
policy, provide it to the individual; or
(b) The data are needed to establish the validity of evidence or to
verify the accuracy of information presented by the individual, and it
concerns one or more of the following:
(1) His/her eligibility for benefits under the Social Security
program;
(2) The amount of his/her benefit payment; or
(3) Any case in which the evidence is being reviewed as a result of
suspected fraud, concern for program integrity, quality appraisal, or
evaluation and measurement activities.
3. To third party contacts where necessary to establish or verify
information provided by representative payees or payee applicants.
4. To a person (or persons) on the rolls when a claim is filed by
another individual which is adverse to the person on the rolls:
(a) An award of benefits to a new claimant precludes an award to a
prior claimant; or
(b) An award of benefits to a new claimant will reduce the benefit
payments to the individual(s) on the rolls; but only for information
concerning the facts relevant to the interests of each party in a
claim.
5. To the Department of the Treasury for:
(a) Collecting Social Security taxes or as otherwise pertinent to
tax and benefit payment provisions of the Act (including SSN
verification services);
(b) Investigating the alleged theft, forgery, or unlawful
negotiation of Social Security checks;
(c) Determining the Federal tax liability on Social Security
benefits pursuant to 26 U.S.C. 6050F. The information disclosed will
consist of the following:
(1) The aggregate amount of Social Security benefits paid with
respect to any individual during any calendar year;
(2) The aggregate amount of Social Security benefits repaid by such
individual during such calendar year;
(3) The aggregate reductions under section 224 of the Act in
benefits which would otherwise have been paid to such individual during
the calendar year on account of amounts received under a worker's
compensation act; and
(4) The name and address of such individual; and
(d) Depositing the tax withheld on benefits paid to nonresident
aliens in the Treasury (Social Security Trust Funds) pursuant to 26
U.S.C. 871.
6. To the United States Postal Service for investigating the
alleged theft or forgery of Social Security checks.
7. To the Department of Justice (DOJ) for:
(a) Investigating and prosecuting violations of the Act to which
criminal penalties attach;
(b) Representing the Secretary of HHS; and
(c) Investigating issues of fraud by agency officers or employees,
or violation of civil rights.
8. To the Department of State for administering the Act in foreign
countries through services and facilities of that agency.
9. To the American Institute of Taiwan for administering the Act in
Taiwan through services and facilities of that agency.
10. To the Department of Veterans Affairs (DVA), Philippines
Regional Office, for administering the Act in the Philippines through
the services and facilities of that agency.
11. To the Department of Interior for administering the Act in the
Trust Territory of the Pacific Islands through services and facilities
of that agency.
12. Information necessary to adjudicate claims filed under an
[[Page 2149]] international Social Security agreement that the United
States has entered into pursuant to section 233 of the Act may be
disclosed to a foreign country which is a party to that agreement.
13. To the Office of the President for the purpose of responding to
an individual pursuant to an inquiry received from that individual or
from a third party on his/her behalf.
14. To the Department of Education for determining eligibility of
applicants for basic educational opportunity grants.
15. To the Bureau of the Census when it performs as a collecting
agent or data processor for research and statistical purposes directly
relating to this system of records.
16. To the Department of the Treasury, Office of Tax Analysis, for
studying the effects of income taxes and taxes on earnings.
17. To the Office of Personnel Management for the study of the
relationship of civil service annuities to minimum Social Security
benefits, and the effects on the Social Security Trust Fund.
18. To State Social Security Administrators for administering
agreements pursuant to section 218 of the Act.
19. To the Department of Energy for its study of the long- term
effects of low-level radiation exposure.
20. To contractors under contract to the Social Security
Administration (SSA) (or under contract to another agency with funds
provided by SSA) for the performance of research and statistical
activities directly relating to this system of records.
21. To a congressional office in response to an inquiry from that
office made at the request of the subject of a record.
22. To the Department of Labor for conducting statistical studies
of the relationship of private pensions and Social Security benefits to
prior earnings.
23. In response to legal process or interrogatories relating to the
enforcement of an individual's child support or alimony obligations, as
required by sections 459 and 461 of the Act.
24. To Federal, State, or local agencies (or agents on their
behalf) for administering income maintenance or health maintenance
programs (including programs under the Act). Such disclosures include,
but are not limited to, release of information to:
(a) RRB for administering provisions of the Railroad Retirement Act
relating to railroad employment; for administering the Railroad
Unemployment Insurance Act and for administering provisions of the
Social Security Act relating to railroad employment;
(b) DVA for administering 38 U.S.C. 412, and upon request, for
determining eligibility for, or amount of, veterans benefits or
verifying other information with respect thereto;
(c) State welfare departments for administering sections
205(c)(2)(B)(i)(II) and 402(a)(25) of the Act requiring information
about assigned SSN's for Aid to Families with Dependent Children (AFDC)
program purposes and for determining a recipient's eligibility under
the AFDC program; and
(d) State agencies for administering the Medicaid program.
25. Upon request, information on the identity and location of
aliens may be disclosed to 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.
26. To third party contacts (including private collection agencies
under contract with SSA) for the purpose of their assisting SSA in
recovering overpayments.
27. Information may be disclosed 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 the routine use 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.
28. Nontax return information which 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.
29. Information may be disclosed to the Federal Reserve Bank of New
York for the purpose of making direct deposit/electronic funds transfer
of Social Security benefits to foreign-resident beneficiaries.
30. To DOJ, a court or other tribunal, or another party before such
tribunal when:
(a) SSA, any component thereof, or
(b) Any SSA employee in his/her official capacity; or
(c) Any SSA employee in his/her individual capacity where DOJ (or
SSA where it is authorized to do so) has agreed to represent the
employee; or
(d) the United States or any agency thereof where 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 court or other
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 collected.
Wage and other information which are subject to the disclosure
provisions of the Internal Revenue Code (IRC) (26 U.S.C. 6103) will not
be disclosed under this routine use unless disclosure is expressly
permitted by the IRC.
31. To the Rehabilitation Services Administration (RSA) for use in
its program studies of, and development of enhancements for, State
vocational rehabilitation programs. These are programs to which
applicants or beneficiaries under titles II and or XVI of the Act may
be referred. Data released to RSA will not include any personally
identifying information (such as names or SSNs).
32. Addresses of beneficiaries who are obligated on loans held by
the Secretary of Education or a loan made in accordance with 20 U.S.C.
1071, et seq. (the Robert T. Stafford Student Loan Program) may be
disclosed to the Department of Education as authorized by section 489A
of the Higher Education Act of 1965.
33. To student volunteers and other workers, who technically do not
have the status of Federal employees, when they are performing work for
SSA as authorized by law, and they need access to personally
identifiable information in SSA records in order to perform their
assigned Agency functions.
34. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary
(a) To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace and the operation of SSA
facilities, or
(b) To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
35. Corrections to information that resulted in erroneous inclusion
of individuals in the Death Master File (DMF) may be disclosed to
recipients of the erroneous DMF information. [[Page 2150]]
Records are stored in magnetic media (e.g., magnetic tape and
magnetic disc) and in microform and paper form.
Records in this system are indexed and retrieved by SSN.
Safeguards for automated records have been established in
accordance with the HHS Information Resources Management Manual, ``Part
6, Automated Information Systems Security Program Handbook.'' All
magnetic tapes and discs are within an enclosure attended by security
guards. Anyone entering or leaving this enclosure must have special
badges which are issued only to authorized personnel. All microform and
paper files are accessible only by authorized personnel and are locked
after working hours.
For computerized records, electronically transmitted between SSA's
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.
Primary data storage is on magnetic disc. A new version of the disk
file is generated each month based on changes to the beneficiary's
record (adjustment in benefit amount, termination, or new
entitlements). The prior version is written to tape and retained for 90
days in SSA's main data processing facility and is then sent to a
secured storage facility for indefinite retention.
Selected records also are retained on magnetic disc for on-line
query purposes. The query files are updated monthly and retained
indefinitely. Microform records are disposed of by shredding or the
application of heat after periodic replacement of a complete file.
Paper records are usually destroyed after use, by shredding, except
where needed for documentation of the claims folder. (See the notice
for the Claims Folders System (09-60-0089) for retention periods and
method of disposal for these records).
Director, Office of Claims and Payment Requirements, Office of
System Requirements, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235.
An individual can determine if this system contains a record about
him/her by contacting the most convenient Social Security field office
and providing his/her name, Social Security claim number (SSN plus
alphabetic symbols), address, and proper identification. (Furnishing
the SSN is voluntary, but it will make searching for an individual's
record easier and prevent delay.)
An individual requesting notification of records in person need not
furnish any special documents of identity. Documents he/she would
normally carry on his/her person would be sufficient (e.g., credit
cards, driver's license, or voter registration card). An individual
requesting notification via mail or telephone must furnish a minimum of
his/her name, date of birth and address in order to establish identity,
plus any additional information specified in this section.
These procedures are in accordance with HHS Regulations 45 CFR part
5b.
Same as notification procedures. Requesters should also reasonably
specify the record contents being sought. These procedures are in
accordance with HHS Regulations 45 CFR part 5b.
Same as notification procedures. Requesters should also reasonably
identify the record, specify the information they are contesting and
state the corrective action sought and the reasons for the correction
with supporting justification showing how the record is untimely,
incomplete, inaccurate or irrelevant. These procedures are in
accordance with HHS Regulations 45 CFR part 5b.
Data for the MBR come primarily from the Claims Folders System (09-
60-0089) and/or are furnished by the claimant/beneficiary at the time
of filing for benefits, via the application form and necessary proofs,
and during the period of entitlement when notices of events such as
changes of address, work, marriage, are given to SSA by the
beneficiary; and from States regarding HI third party premium payment/
buy-in cases.
None.
Supplemental Security Income Record, HHS/SSA/OSR.
None.
Social Security Administration, Office of Systems Operations, 6401
Security Boulevard, Baltimore, MD 21235.
Records also may be located in Social Security Administration (SSA)
Regional and field offices (individuals should consult their local
telephone directories for address information).
This file contains a record for each individual who has applied for
supplemental security income (SSI) payments, including individuals who
have requested an advance payment; SSI recipients who have been
overpaid; and each essential person associated with an SSI recipient.
This file contains data regarding SSI eligibility; citizenship;
residence; Medicaid eligibility; eligibility for other benefits;
alcoholism or drug addiction data, if applicable (disclosure of this
information may be restricted by 21 U.S.C. 1175 and 42 U.S.C. 290dd-3
and ee-3); income data; resources; payment amounts, including
overpayment amounts and date and amount of advance payments; living
arrangements; case folder location data; appellate decisions, if
applicable; Social Security numbers (SSN's) used to identify a
particular individual, if applicable; information about representative
payees, if applicable; and a history of changes to any of the persons
who have applied for SSI payments. For eligible individuals, the file
contains basic identifying information, income and resources (if any)
and, in conversion cases, the State welfare number.
Sections 1602, 1611, 1612, 1613, 1614, 1615, 1616, 1631, 1633, and
1634 of title XVI of the Social Security Act (the Act).
SSI records begin in Social Security field offices where an
individual or couple files an application for SSI payments. The
application contains data which may be used to prove the identity of
the applicant, to determine his/her eligibility for SSI payments and,
in cases where eligibility is determined, to compute the amount of the
payment. Information from the application, in [[Page 2151]] addition to
data used internally to control and process SSI cases, is used to
create the SSR. The SSR also is used as a means of providing a
historical record of all activity on a particular individual's or
couple's record.
In addition, statistical data are derived from the SSR for
actuarial and management information purposes.
Disclosure may be made for routine uses as indicated below:
1. To the Department of the Treasury to prepare SSI and Energy
Assistance checks.
2. To the States to establish the minimum income level for
computation of State supplements.
3. To the following Federal and State agencies to prepare
information for verification of benefit eligibility under section
1631(e) of the Act: Bureau of Indian Affairs; Office of Personnel
Management; Department of Agriculture; Department of Labor; Immigration
and Naturalization Service; Internal Revenue Service (IRS); Railroad
Retirement Board (RRB); State Pension Funds; State Welfare Offices;
State Worker's Compensation; Department of Defense; United States Coast
Guard; and the Department of Veterans Affairs (DVA).
4. To a congressional office in response to an inquiry from that
office made at the request of the subject of a record.
5. To State crippled children's agencies (or other agencies
providing services to disabled children) to identify title XVI
eligibles under the age of 16 for the consideration of rehabilitation
services in accordance with section 1615 of the Act.
6. To contractors under contract to SSA or under contract to
another agency with funds provided by SSA for the performance of
research and statistical activities directly relating to this system of
records.
7. To State audit agencies for auditing State supplementation
payments and Medicaid eligibility consideration.
8. To State agencies to effect and report the fact of Medicaid
eligibility of title XVI recipients in the jurisdiction of those States
which have elected Federal determinations of Medicaid eligibility of
title XVI eligibles and to assist the States in administering the
Medicaid program.
9. To State agencies to identify title XVI eligibles in the
jurisdiction of those States which have not elected Federal
determinations of Medicaid eligibility in order to assist those States
in establishing and maintaining Medicaid rolls and in administering the
Medicaid program.
10. To State agencies to enable those which have elected Federal
administration of their supplementation programs to monitor changes in
applicant/recipient income, special needs, and circumstances.
11. To State agencies to enable those which have elected to
administer their own supplementation programs to identify SSI eligibles
in order to determine the amount of their monthly supplementary
payments.
12. To State agencies to enable them to assist in the effective and
efficient administration of the SSI program.
13. To State agencies to enable those which have an agreement with
the Secretary of Health and Human Services (HHS) to carry out their
functions with respect to Interim Assistance Reimbursement pursuant to
section 1631(g) of the Act.
14. To State agencies to enable them to locate potentially eligible
individuals and to make eligibility determinations for extensions of
social services under the provisions of title XX of the Act.
15. To State agencies to assist them in determining initial and
continuing eligibility in their income maintenance programs and for
investigating and prosecution of conduct subject to criminal sanctions
under these programs.
16. To the United States Postal Service for investigating the
alleged theft, forgery or unlawful negotiation of SSI checks.
17. To the Department of the Treasury for investigating the alleged
theft, forgery or unlawful negotiation of SSI checks.
18. To the Department of Education for determining the eligibility
of applicants for Basic Educational Opportunity Grants.
19. To Federal, State or local agencies (or agents on their behalf)
for administering cash or noncash income maintenance or health
maintenance programs (including programs under the Act). Such
disclosures include, but are not limited to, release of information to:
(a) The DVA upon request for determining eligibility for, or amount
of, VA benefits or verifying other information with respect thereto;
(b) The RRB for administering the Railroad Unemployment Insurance
Act;
(c) State agencies to determine eligibility for Medicaid;
(d) State agencies to locate potentially eligible individuals and
to make determinations of eligibility for the food stamp program; and
(e) State agencies to administer energy assistance to low income
groups under programs for which the States are responsible.
20. To IRS, Department of the Treasury, as necessary, for the
purpose of auditing SSA's compliance with safeguard provisions of the
Internal Revenue Code of 1986, as amended.
21. To the Office of the President for the purpose of responding to
an individual pursuant to an inquiry received from that individual or a
third party on his/her behalf.
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 third party contacts (including private collection agencies
under contract with SSA) for the purpose of their assisting SSA in
recovering overpayments.
24. Information may be disclosed 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 use only in situations in which SSA may
enter a contractual or similar agreement with a third party to assist
in accomplishing an agency function relating to this system of records.
25. Nontax return information which 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.
26. To the DOJ, a court or other tribunal, or another party before
such tribunal when:
(a) SSA, any component thereof, or
(b) Any SSA employee in his/her official capacity; or
(c) Any SSA employee in his/her individual capacity where DOJ (or
SSA where it is authorized to do so) has agreed to represent the
employee; or
(d) The United States or any agency thereof where 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 court, or other
tribunal, is relevant and necessary to the litigation, provided,
however, that in each case, SSA determines that such disclosure is
[[Page 2152]] compatible with the purpose for which the records were
collected.
Wage and other information which are subject to the disclosure
provisions of the Internal Revenue Code (IRC) (26 U.S.C. 6103) will not
be disclosed under this routine use unless disclosure is expressly
permitted by the IRC.
27. To representative payees, when the information pertains to
individuals for whom they serve as representative payees, for the
purpose of assisting SSA in administering its representative payment
responsibilities under the Act and assisting the representative payees
in performing their duties as payees, including receiving and
accounting for benefits for individuals for whom they serve as payees.
28. To third party contacts in situations where the party to be
contacted has, or is expected to have, information relating to the
individual's capability to manage his/her affairs or his/her
eligibility for, or entitlement to, benefits under the Social Security
program when:
(a) The individual is unable to provide information being sought.
An individual is considered to be unable to provide certain types of
information when:
(1) He/she is incapable or of questionable mental capability;
(2) He/she cannot read or write;
(3) He/she cannot afford the cost of obtaining the information;
(4) He/she has a hearing impairment, and is contacting SSA by
telephone through a telecommunications relay system operator;
(5) A language barrier exists; or
(6) The custodian of the information will not, as a matter of
policy, provide it to the individual; or
(b) The data are needed to establish the validity of evidence or to
verify the accuracy of information presented by the individual, and it
concerns one or more of the following:
(1) His/her eligibility for benefits under the Social Security
program;
(2) The amount of his/her benefit payment; or
(3) Any case in which the evidence is being reviewed as a result of
suspected fraud, concern for program integrity, quality appraisal, or
evaluation and measurement activities.
29. To the Rehabilitation Services Administration (RSA) for use in
its program studies of, and development of enhancements for, State
vocational rehabilitation programs. These are programs to which
applicants or beneficiaries under titles II and or XVI of the Act may
be referred. Data released to RSA will not include any personally
identifying information (such as names or SSNs).
30. Addresses of beneficiaries who are obligated on loans held by
the Secretary of Education or a loan made in accordance with 20 USC
1071, et seq. (the Robert T. Stafford Student Loan Program) may be
disclosed to the Department of Education as authorized by section 489A
of the Higher Education Act of 1965.
31. To student volunteers and other workers, who technically do not
have the status of Federal employees, when they are performing work for
SSA as authorized by law, and they need access to personally
identifiable information in SSA records in order to perform their
assigned Agency functions.
32. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary
(a) To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace and the operation of SSA
facilities, or
(b) To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
33. Corrections to information that resulted in erroneous inclusion
of individuals in the Death Master File (DMF) may be disclosed to
recipients of the erroneous DMF information.
Records are maintained in magnetic media (e.g., magnetic tape) and
in microform and microfiche form.
Records are indexed and retrieved by SSN.
System security for automated records has been established in
accordance with the HHS Information Resources Management Manual, Part
6, Automated Information System Security Program Handbook. This
includes maintaining all magnetic tapes and magnetic discs within an
enclosure attended by security guards. Anyone entering or leaving that
enclosure must have special badges which are only issued to authorized
personnel. All authorized personnel having access to the magnetic
records are subject to the penalties of the Privacy Act. The microfiche
are stored in locked cabinets, and are accessible to employees only on
a need-to-know basis. All SSR State Data Exchange records are protected
in accordance with agreements between SSA and the respective States
regarding confidentiality, use, and redisclosure.
Original input transaction tapes received which contain initial
claims and posteligibility actions are retained indefinitely although
these are processed as received and incorporated into processing tapes
which are updated to the master SSR tape file on a monthly basis. All
magnetic tapes appropriate to SSI information furnished to specified
Federal, State, and local agencies for verification of eligibility for
benefits and under section 1631(e) are retained, in accordance with the
Privacy Act accounting requirements, for at least 5 years or the life
of the record, whichever is longer.
Director, Office of Claims and Payment Requirements, Office of
Systems Requirements, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235.
An individual can determine if this system contains a record about
him/her by writing to or visiting any Social Security field office and
providing his or her name and SSN. (Individuals should consult their
local telephone directories for Social Security office address and
telephone information.) (Furnishing the SSN is voluntary, but it will
make searching for an individual's record easier and prevent delay.)
An individual requesting notification of records in person need not
furnish any special documents of identity. Documents he/she would
normally carry on his/her person would be sufficient (e.g., credit
cards, driver's license, or voter registration card). An individual
requesting notification via mail or telephone must furnish a minimum of
his/her name, date of birth and address in order to establish identity,
plus any additional information specified in this section.
These procedures are in accordance with HHS regulations 45 CFR part
5b.
Same as notification procedures. Requesters should also reasonably
specify the record contents being sought. An individual who requests
notification of, or access to, a medical record shall, at the time he
or she makes the request, designate in writing a responsible
representative who will be willing to review the record and inform the
subject individual of its contents. [[Page 2153]]
A parent or guardian who requests notification of, or access to, a
minor's medical record shall at the time he or she makes the request
designate a physician or other health professional (other than a family
member) who will be willing to review the record and inform the parent
or guardian of its contents at the physician's or health professional's
discretion. These procedures are in accordance with HHS regulations 45
CFR part 5b.
Same as notification procedures. Requesters should also reasonably
identify the record, specify the information 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.
Data contained in the SSR are obtained for the most part from the
applicant for SSI payments and are derived from the Claims Folders
System (09-60-0089). The States also provide data affecting the SSR
(State Data Exchange Files).
None.
[FR Doc. 95-333 Filed 1-5-95; 8:45 am]
BILLING CODE 4190-29-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-333. Public record. Not legal advice.