Privacy Act of 1974, as Amended Alteration to Existing System of Records and New Routine Use Disclosure, 10456-10463 [05-4094]

Agencies

• Social Security Administration

[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Notices]
[Pages 10456-10463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4094]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974, as Amended Alteration to Existing System of 
Records and New Routine Use Disclosure

AGENCY: Social Security Administration (SSA).

ACTION: Altered systems of records, including proposed new routine use.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and 
(11)), we are issuing public notice of our intent to alter two existing 
systems of records, the Recovery of Overpayments, Accounting and 
Reporting, 60-0094 and the Supplemental Security Income Record and 
Special Veterans Benefits, 60-0103. The proposed alterations will 
result in the following changes to these two systems of records:
    (1) Expansion of the categories of individuals covered by the 
systems to include former beneficiaries and representative payees of 
Social Security payments and former recipients of Supplemental Security 
Income (SSI) payments who received an overpayment and owe a delinquent 
debt to the SSA;
    (2) Expansion of the purposes for which SSA uses information 
maintained in the systems; and
    (3) A proposed new routine use disclosure in each system providing 
for the release of information to employers to assist SSA in collecting 
delinquent debts owed to the Agency from the disposable pay of the 
debtors described above.
    All of the proposed alterations are discussed in the SUPPLEMENTARY 
INFORMATION section below. We invite public comment on this proposal.

DATES: We filed a report of the proposed new routine use disclosures 
with the Chairman of the Senate Committee on Homeland Security and 
Governmental Affairs, the Chairman of the House Committee on Government 
Reform, and the Director, Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB) on February 22, 2005. The 
proposed altered systems of records, including the proposed new routine 
use respective to those systems, will become effective on April 3, 
2005, unless we receive comments warranting them not to become 
effective.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the Executive Director, Office of Public Disclosure, Office 
of the General Counsel, Social Security Administration, Room 3-A-6 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401. All comments received will be available for public 
inspection at the above address.

FOR FURTHER INFORMATION: Contact Joan Peddicord, Social Insurance 
Specialist, Strategic Issues Team, Office of Public Disclosure, Office 
of the General Counsel, Social Security Administration, in Room 3-A-6 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401, telephone at (410) 966-6491, e-mail: 
joan.peddicord@ssa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the Proposed Alterations to the Recovery 
of Overpayments, Accounting and Reporting System and the Supplemental 
Security Income Record and Special Veterans Benefits System

A. General Background

    Administrative wage garnishment (AWG) is authorized by the Debt 
Collection Improvement Act (DCIA) of 1996. Section 31001(o)(1) of 
Public Law 104-134 (1996) amended Chapter 37, subchapter II of Title 
31, United States Code by adding section 3720D to permit Federal 
agencies to use AWG to recover overdue debts. SSA will use AWG to 
collect program overpayments arising under the Title II and Title XVI 
programs owed by former beneficiaries and representative payees of 
Social Security payments and former recipients of SSI payments. SSA 
plans to use AWG to collect delinquent debts owed to the Agency from 
the disposable pay of the debtor by sending a non-judicial order to his 
or her employer.
    SSA is developing AWG as an automated system. Using automated 
routines, SSA will identify Title II and Title XVI debtors who meet the 
criteria for AWG. SSA will send an automated notice to the debtors 
informing them about the planned action, providing them with 
opportunity to repay the debt and avoid AWG, and also providing them 
with their due process rights. If the debtor does not respond to the 
notice, SSA will launch AWG no sooner than 60 days after the date of 
the notice. SSA will launch AWG by sending the non-judicial garnishment 
order to the last known employer of the debtor. The garnishment order 
directs the employer to withhold 15 percent of the debtor's disposable 
wages consistent with the DCIA and send them to SSA each payday as 
payment toward the delinquent debt. AWG will generally continue until 
the debt is repaid or disposed of in some other way.

[[Page 10457]]

B. Discussion of Proposed Alterations to the Recovery of Overpayments, 
Accounting and Reporting System and the Supplemental Security Income 
Record and Special Veterans Benefits System

1. Expansion of the Categories of Individuals Covered by the Recovery 
of Overpayments, Accounting and Reporting System and the Supplemental 
Security Income Record and Special Veterans Benefits System
    We are adding one new category of individuals to the Recovery of 
Overpayments, Accounting and Reporting system and the Supplemental 
Security Income Record and Special Veterans Benefits system: Former 
beneficiaries and representative payees of Social Security payments and 
former recipients of SSI payments who received an overpayment and have 
a delinquent debt to the SSA. See the ``Categories of individuals 
covered by the system'' section in the Recovery of Overpayments, 
Accounting and Reporting system and the Supplemental Security Income 
Record and Special Veterans Benefits system notices below for the 
inclusion of this additional category of individuals and a full 
description of the information maintained therein.
2. Additional Use of Information in the Recovery of Overpayments, 
Accounting and Reporting System and the Supplemental Security Income 
Record and Special Veterans Benefits System
    We are expanding the purposes for which we use the information 
maintained in the Recovery of Overpayments, Accounting and Reporting 
system and the Supplemental Security Income Record and Special Veterans 
Benefits system to include use of the information by SSA's central 
office personnel involved in identifying individuals who meet the 
criteria for AWG and who will effectuate the operational processes 
necessary to collect the overpayments.

II. Proposed New Routine Use Disclosure of Data Maintained in the 
Recovery of Overpayments, Accounting and Reporting System and the 
Supplemental Security Income Record and Special Veterans Benefits 
System

A. Establishment of New Routine Use

    We are proposing to establish a new routine use which allows 
disclosure of information maintained in the Recovery of Overpayments, 
Accounting and Reporting system and the Supplemental Security Income 
Record and Special Veterans Benefits system to employers to assist SSA 
in collecting delinquent debts owed to the Agency from the disposable 
pay of the debtor. As described above, these debtors are former 
beneficiaries and representative payees of Social Security payments and 
former recipients of SSI payments who received an overpayment and owe a 
delinquent debt to the SSA.
    The new routine use in the Recovery of Overpayments, Accounting and 
Reporting system, numbered 8, provides for disclosure of information 
and is proposed as follows:

    ``To employers to assist SSA in the collection of debts owed by 
former beneficiaries and representative payees of Social Security 
payments who received an overpayment and owe a delinquent debt to 
SSA. Disclosure under this routine use is authorized under the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134) and implemented 
through administrative wage garnishment provisions of this Act (31 
U.S.C. 3720D).''

    The new routine use in the Supplemental Security Income Record and 
Special Veterans Benefits system, numbered 37, provides for disclosure 
of information and is proposed as follows:

    ``To employers to assist SSA in the collection of debts owed by 
former recipients of Supplemental Security Income (SSI) payments who 
received an overpayment and owe a delinquent debt to SSA. Disclosure 
under this routine use is authorized under the Debt Collection 
Improvement Act of 1996 (Pub. L. 104-134) and implemented through 
administrative wage garnishment provisions of this Act (31 U.S.C. 
3720D).''

B. Compatibility of Proposed New Routine Use Disclosure

    The Privacy Act (5 U.S.C. 552a(a)(7) and (b)(3)) and SSA's 
disclosure regulation (20 CFR part 401) permit us to disclose 
information under a published routine use for a purpose that is 
compatible with the purpose for which we collected the information. 
Section 401.150(c) of the regulations permits us to disclose 
information under a routine use where necessary to carry out SSA 
programs or assist other agencies in administering similar programs. 
The proposed new routine use in each of these two systems will assist 
SSA in administering administrative wage garnishment as authorized by 
the DCIA of 1996. Thus, the proposed new routine use disclosure is 
appropriate and meets the relevant statutory and regulatory criteria.

III. Effect of the Proposed Alterations and New Routine Use Disclosure 
on the Rights of Individuals

    The proposed alterations and new routine use disclosure to the 
Recovery of Overpayments, Accounting and Reporting System and the 
Supplemental Security Income Record and Special Veterans Benefits 
system pertain to SSA's responsibilities in collecting, maintaining, 
and disclosing information about individuals who are former Social 
Security beneficiaries and representative payees and former SSI 
recipients who owe a delinquent debt to the SSA which the Agency may 
collect under the AWG as authorized by the DCIA of 1996. We will adhere 
to all applicable statutory requirements, including those under the 
Social Security Act and the Privacy Act, in carrying out our 
responsibilities. Therefore, we do not anticipate that the proposed 
alterations and new routine use disclosure will have an unwarranted 
adverse effect on the right of individuals.

IV. Minor Housekeeping Changes to the Notice of the Recovery of 
Overpayments, Accounting and Reporting System and the Supplemental 
Security Income Record and Special Veterans Benefits System

    Authority for Maintenance of the System--We have revised this 
section of the notice of the Recovery of Overpayments, Accounting and 
Reporting system and the Supplemental Security Income Record and 
Special Veterans Benefits system by adding reference to the DCIA of 
1996, which authorizes collection of Federal agency debt through 
administrative wage garnishment.

    Dated: February 22, 2005.
Jo Anne B. Barnhart,
Commissioner.
System Number:
    60-0094.

System name:
    Recovery of Overpayments, Accounting and Reporting, Social Security 
Administration, Office of Retirement and Survivors Insurance Systems.

Security classification:
    None.

System location:
    Social Security Administration, Office of Telecommunications and 
Systems Operations, 6401 Security Boulevard, Baltimore, MD 21235.
    PSCs (See Appendix A for PSC address information).
    Social Security Administration, Office of Disability Operations, 
1500 Woodlawn Drive, Baltimore, MD 21241.
    Lists of overpaid individuals, which are produced by this computer 
system, are maintained at each of SSA's field

[[Page 10458]]

offices. (See Appendix F to this publication for address and telephone 
information.)

Categories of individuals covered by the system:
    Social Security beneficiaries and former beneficiaries who may have 
received an overpayment of benefits; persons holding conserved 
(accumulated) funds received on behalf of a Social Security 
beneficiary; and persons who received Social Security payments on 
behalf of a beneficiary and were overpaid or who are suspected to have 
misused those payments.

Categories of records in the system:
    Identifying characteristics of each overpayment or instance of 
misused or conserved funds (e.g., name, SSN and address of the 
individual(s) involved, recovery efforts made and the date of each 
action, and planned future actions).

Authority for maintenance of the system:
    Section 204(a) of the Social Security Act (42 U.S.C. 404(a)) and 
the Debt Collection Improvement Act (DCIA) of 1996 (Pub. L. 104-134) 
and implementing provisions of the DCIA for administrative wage 
garnishment (31 U.S.C. 3720D).

Purpose(s):
    The users of this system are employees of the Social Security field 
offices, as well as selected personnel of SSA's Program Service Centers 
(PSC) and the Office of Disability Operations (ODO). The data are used 
to maintain control of overpayments and misused or conserved funds from 
the time of discovery to the final resolution and for the proper 
adjustments of payment and refund amounts. Data adjustments produce 
accounting and statistical reports at specified intervals. The users of 
this system also include central office personnel involved in 
identifying individuals who meet the criteria for administrative wage 
garnishment and who will effectuate the operational processes necessary 
to collect the overpayments.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosure may be made for routine uses as indicated below. 
However, disclosure of any information constituting tax ``returns or 
return information'' within the scope of the Internal Revenue Code will 
not be made unless disclosure is authorized by that statute.
    (1) To a congressional office in response to an inquiry from that 
office made at the request of the subject of a record.
    (2) 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.
    (3) To third party contacts such as private collection agencies and 
credit reporting agencies under contract with SSA and State motor 
vehicle agencies for the purpose of their assisting SSA in recovering 
overpayments.
    (4) 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.
    (5) Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to the General Services 
Administration (GSA) and the National Archives and Records 
Administration (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.
    (6) To the Department of Justice (DOJ), a court or other tribunal, 
or 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 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 IRC (26 U.S.C. 6103) will not be disclosed under this 
routine use unless disclosure is expressly permitted by the IRC.
    (7) 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.
    (8) To employers to assist SSA in the collection of debts owed by 
former beneficiaries and representative payees of Social Security 
payments who received an overpayment and owe a delinquent debt to the 
SSA. Disclosure under this routine use is authorized under the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134) and implemented 
through administrative wage garnishment provisions of this Act (31 
U.S.C. 3720 D).

Disclosure to Consumer Reporting Agencies:
    Disclosure pursuant to 5 U.S.C. 5520(b)(12) may be made to consumer 
reporting agencies as defined in the Fair Credit Reporting Act (15 
U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 as 
amended (31 U.S.C. 3701, et seq.) or the Social Security Domestic 
Employment Reform Act of 1994, Pub. L. 103-387, 42 U.S.C. 404(f). The 
purpose of this disclosure is to aid in the collection of outstanding 
debts owed to the Federal government, typically, to provide an 
incentive for debtors to repay delinquent Federal government debts by 
making these part of their credit records. Disclosure of records is 
limited to the individual's name, address, SSN, and other information 
necessary to establish the individual's identity; the amount, status, 
and history of the claim and the Agency or program under which the 
claim arose. The disclosure will be made only after the procedural 
requirements of 31 U.S.C. 3711(e) have been followed.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records are maintained in magnetic cartridges, microfiche and paper 
form.

Retrievability:
    Records are retrieved by SSN.

Safeguards:
    System security for automated records has been established in 
accordance with the Systems Security Handbook. This includes 
maintaining automated records in a secured building, the SSA National 
Computer Center, and limiting access to the building to employees who 
have a need to enter in the performance of their official duties. Paper 
and other non-ADP records are protected through standard security 
measures (e.g., maintenance of

[[Page 10459]]

the records in buildings which are manned by armed guards). (See 
Appendix G for additional information relating to safeguards SSA 
employs to protect personal information.)

Retention and disposal:
    Magnetic cartridges are updated daily and retained for 75 days. The 
magnetic cartridges produced in the last operation of the month are 
retained in security storage for a period of 75 days, after which the 
tapes are erased and returned to stock. The microfiche records are 
updated monthly, retained for 3 years after the month they are 
produced, and then destroyed by application of heat.

System manager(s) and address:
    Director, Office of Retirement and Survivors Insurance Systems, 
Division of Title II Payments and Accounting, Social Security 
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235.

Notification procedure:
    An individual can determine if this system contains a record about 
him/her by contacting the appropriate processing office (e.g., PSC, ODO 
or the most convenient Social Security field office). (See Appendices A 
and F to this publication for address information), by writing to the 
systems manager(s) at the above address and providing his/her name, SSN 
or other information that may be in the system of records that will 
identify him/her. An individual requesting notification of records in 
person should provide the same information, as well as provide an 
identity document, preferably with a photograph, such as a driver's 
license or some other means of identification, such as a voter 
registration card, credit card, etc. If an individual does not have any 
identification documents sufficient to establish his/her identity, the 
individual must certify in writing that he/she is the person claimed to 
be and that he/she understands that the knowing and willful request 
for, or acquisition of, a record pertaining to another individual under 
false pretenses is a criminal offense.
    If notification is requested by telephone, an individual must 
verify his/her identity by providing identifying information that 
parallels the record to which notification is being requested. If it is 
determined that the identifying information provided by telephone is 
insufficient, the individual will be required to submit a request in 
writing or in person. If an individual is requesting information by 
telephone on behalf of another individual, the subject individual must 
be connected with SSA and the requesting individual in the same phone 
call. SSA will establish the subject individual's identity (his/her 
name, SSN, address, date of birth and place of birth along with one 
other piece of information such as mother's maiden name) and ask for 
his/her consent in providing information to the requesting individual.
    If a request for notification is submitted by mail, an individual 
must include a notarized statement to SSA to verify his/her identity or 
must certify in the request that he/she is the person claimed to be and 
that he/she understands that the knowing and willful request for, or 
acquisition of, a record pertaining to another individual under false 
pretenses is a criminal offense. These procedures are in accordance 
with SSA Regulations (20 CFR 401.40).

Record access procedures:
    Same as notification procedures. Also, requesters should reasonably 
specify the record contents they are seeking. These procedures are in 
accordance with SSA Regulations (20 CFR 401.40(c)).

Contesting record procedures:
    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 SSA Regulations (20 CFR 401.65(a)).

Record source categories:
    The information for the computer files is received directly from 
beneficiaries, from Social Security field offices, and as the result of 
earnings enforcement operations. The paper listings are updated as a 
result of the computer operations.

Systems exempted from certain provisions of the Privacy Act:
    None.
System number:
    60-0103.

System name:
    Supplemental Security Income Record and Special Veterans Benefits, 
Social Security Administration, Office of Systems, Office of Disability 
and Supplemental Security Income Systems (ODSSIS).

Security classification:
    None.

System location:
    Social Security Administration, Office of Telecommunications and 
Systems Operations, 6401 Security Boulevard, Baltimore, MD 21235.
    Records also may be located in the Social Security Administration 
(SSA) Regional and field offices (individuals should consult their 
local telephone directories for address information).

Categories of individuals covered by the system:
    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 and former SSI 
recipients who have been overpaid; and ineligible persons associated 
with an SSI recipient. This file also covers those individuals who have 
applied for and who are entitled to the Special Veterans Benefits (SVB) 
under Title VIII of the Social Security Act. (This file does not cover 
applicants who do not have a Social Security number (SSN).)

Categories of records in the system:
    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 the date 
and amount of advance payments; overpayment amounts, including 
identifying characteristics of each overpayment (e.g., name, SSN, 
address of the individual(s) involved, recovery efforts made and the 
date of each action and planned future actions); and date and amount of 
advance payments; living arrangements; case folder location data; 
appellate decisions, if applicable; SSN 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.

This file also contains information about applicants for SVB.
    The information maintained in this system of records is collected 
from the applicants for Title VIII SVB, and other systems of records 
maintained by SSA. The information maintained includes a data element 
indicating this is a Title VIII SVB claim. It will also include:

[[Page 10460]]

identifying information such as the applicant's name, Social Security 
number (SSN) and date of birth (DOB); telephone number (if any); 
foreign and domestic addresses; the applicant's sex; income data, 
payment amounts (including overpayment amounts); and other information 
provided by the applicant relative to his or her entitlement for SVB.
    If the beneficiary has a representative payee, this system of 
records includes data about the representative payee such as the 
payee's SSN; employer identification number, if applicable; and mailing 
address.

Authority for maintenance of the system:
    Sections 1602, 1611, 1612, 1613, 1614, 1615, 1616, 1631, 1633, 1634 
of title XVI and title VIII of the Social Security Act (42 U.S.C. 1382, 
1382a, 1382b, 1382c, 1382d, 1382e, 1383, 1383b, 1383c and the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134) and implementing 
provisions of this Act for administrative wage garnishment (31 U.S.C. 
3720D).

Purpose(s):
    SSI records begin in Social Security field offices where an 
individual or couple files an application for SSI payments. SVB records 
begin in Social Security field offices and Veterans Affairs Regional 
Offices (VARO) where an individual files an application for SVB 
payments. The SSI and SVB applications contain data which may be used 
to prove the identity of the applicant, to determine his/her 
eligibility for SSI or SVB payments and, in cases where eligibility is 
determined, to compute the amount of the payment. Information from the 
application, in addition to data used internally to control and process 
SSI and SVB cases, is used to create the Supplemental Security Income 
Record (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. 
Data from these records will also be used to identify the individuals 
who meet the criteria for administrative wage garnishment and to 
effectuate the operational processes necessary to collect the 
overpayments.
    In addition, statistical data are derived from the SSR for 
actuarial and management information purposes.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosure may be made for routine uses as indicated below. 
However, disclosure of any information defined as tax ``returns or 
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code 
(IRC) will not be made unless authorized by a statute, the Internal 
Revenue Service (IRS), or IRS regulations.
    1. To the Department of the Treasury to prepare SSI, Energy 
Assistance, and SVB checks to be sent to claimants or beneficiaries.
    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 Social Security Act: Bureau of Indian Affairs; Office of 
Personnel Management; Department of Agriculture; Department of Labor; 
U.S. Citizenship and Immigration Services; Internal Revenue Service; 
Railroad Retirement Board; State Pension Funds; State Welfare Offices; 
State Worker's Compensation; Department of Defense; United States Coast 
Guard; and Department of Veterans Affairs.
    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 the appropriate State 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, 42 U.S.C. 1382d.
    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 agencies 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 agencies 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 
SSA to carry out their functions with respect to Interim Assistance 
Reimbursement pursuant to section 1631(g) of the Social Security 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 Social Security 
Act.
    15. To State agencies to assist them in determining initial and 
continuing eligibility in their income maintenance programs and for 
investigation 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 and SVB checks.
    17. To the Department of the Treasury for investigating the alleged 
theft, forgery or unlawful negotiation of SSI and SVB 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 non-cash income maintenance or health 
maintenance programs (including programs under the Social Security 
Act). Such disclosures include, but are not limited to, release of 
information to:
    (a) The Department of Veterans Affairs (DVA) upon request for 
determining eligibility for, or amount of, DVA benefits or verifying 
other information with respect thereto in accordance with 38 U.S.C. 
5106;
    (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;
    (e) State agencies to administer energy assistance to low income 
groups under programs for which the States are responsible; and
    (f) Department of State and its agents to assist SSA in 
administering the Social Security Act in foreign countries, the

[[Page 10461]]

American Institute on Taiwan and its agents to assist in administering 
the Social Security Act in Taiwan, the VA, Philippines Regional Office 
and its agents to assist in administering the Social Security Act in 
the Philippines, and the Department of Interior and its agents to 
assist in administering the Social Security Act in the Northern Mariana 
Islands.
    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 (IRC) 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, where necessary, taking legal action against suspected Nazi war 
criminals in the United States.
    23. To third party contacts such as private collection agencies and 
credit reporting agencies under contract with SSA and State motor 
vehicle agencies for the purpose of their assisting SSA in recovering 
overpayments.
    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 a contractual or similar 
agreement with a third party to assist in accomplishing an Agency 
function relating to this system of records.
    25. Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to the General Services 
Administration (GSA) and the National Archives and Records 
Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by the 
NARA Act of 1984, for the use of those agencies in conducting records 
management studies.
    26. To the Department of Justice (DOJ), a court or other tribunal, 
or 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 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, a court or other 
tribunal, or another 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.
    Disclosure of any information defined as tax ``returns or return 
information'' under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) 
will not be made unless authorized by a statute, the Internal Revenue 
Service (IRS), or IRS regulations.
    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 (e.g., employers and private pension 
plans) 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:
    (i) He/she is incapable or of questionable mental capability;
    (ii) he/she cannot read or write;
    (iii) he/she cannot afford the cost of obtaining the information;
    (iv) he/she has a hearing impairment, and is contacting SSA by 
telephone through a telecommunications relay system operator;
    (v) a language barrier exists; or
    (vi) 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:
    (i) His/her eligibility for benefits under the Social Security 
program;
    (ii) The amount of his/her benefit payment; or
    (iii) 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 Social 
Security 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 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.
    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, if information is 
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 erroneous DMF information.
    34. Information as to whether an individual is alive or deceased 
may be disclosed pursuant to section 1106(d) of the Social Security Act 
(42 U.S.C. 1306(d)), upon request, for purposes of an epidemiological 
or similar research project, provided that:
    (a) SSA determines in consultation with the Department of Health 
and Human Services, that the research may reasonably be expected to 
contribute to a national health interest; and
    (b) The requester agrees to reimburse SSA for the costs of 
providing the information; and
    (c) The requester agrees to comply with any safeguards and 
limitations specified by SSA regarding re-release or re-disclosure of 
the information.

[[Page 10462]]

    35. Disclosure may be made to a Federal, State, or congressional 
support agency (e.g., Congressional Budget Office and the Congressional 
Research Staff in the Library of Congress) for research, evaluation, or 
statistical studies. Such disclosures include, but are not limited to, 
release of information in assessing the extent to which one can predict 
eligibility for Supplemental Security Income (SSI) payments or Social 
Security disability insurance (SSDI) benefits; examining the 
distribution of Social Security benefits by economic and demographic 
groups and how these differences might be affected by possible changes 
in policy; analyzing the interaction of economic and non-economic 
variables affecting entry and exit events and duration in the Title II 
Old Age, Survivors, and Disability Insurance and the Title XVI SSI 
disability programs; and analyzing retirement decisions focusing on the 
role of Social Security benefit amounts, automatic benefit 
recomputation, the delayed retirement credit, and the retirement test, 
if SSA:
    a. Determines that the routine use does not violate legal 
limitations under which the record was provided, collected, or 
obtained;
    b. Determines that the purpose for which the proposed use is to be 
made:
    (i) Cannot reasonably be accomplished unless the record is provided 
in a form that identifies individuals;
    (ii) Is of sufficient importance to warrant the effect on, or risk 
to, the privacy of the individual which such limited additional 
exposure of the record might bring;
    (iii) There is reasonable probability that the objective of the use 
would be accomplished;
    (iv) Is of importance to the Social Security program or the Social 
Security beneficiaries or is for an epidemiological research project 
that relates to the Social Security program or beneficiaries;
    c. Requires the recipient of information to:
    (i) Establish appropriate administrative, technical, and physical 
safeguards to prevent unauthorized use or disclosure of the record and 
agree to on-site inspection by SSA's personnel, its agents, or by 
independent agents of the recipient agency of those safeguards;
    (ii) Remove or destroy the information that enables the individual 
to be identified at the earliest time at which removal or destruction 
can be accomplished consistent with the purpose of the project, unless 
the recipient receives written authorization from SSA that it is 
justified, based on research objectives, for retaining such 
information;
    (iii) Make no further use of the records except:
    (a) Under emergency circumstances affecting the health and safety 
of any individual following written authorization from SSA;
    (b) For disclosure to an identified person approved by SSA for the 
purpose of auditing the research project;
    (iv) Keep the data as a system of statistical records. A 
statistical record is one which is maintained only for statistical and 
research purposes and which is not used to make any determination about 
an individual;
    d. Secures a written statement by the recipient of the information 
attesting to the recipient's understanding of, and willingness to abide 
by, these provisions.
    36. To the social security agency of a foreign country, for the 
purpose of verifying Social Security numbers, to carry out the purposes 
of an international social security agreement entered into between the 
United States and the other country, pursuant to section 233 of the 
Social Security Act (42 U.S.C. 433).
    37. To employers to assist SSA in the collection of debts owed by 
former recipients of SSI payments who received an overpayment and owe a 
delinquent debt to the SSA. Disclosure under this routine use is 
authorized under the Debt Collection Improvement Act of 1996 (Pub. L. 
104-134) and implemented through administrative wage garnishment 
provisions of this Act (31 U.S.C. 3720D).

Disclosure to Consumer Reporting Agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12) may be made to consumer 
reporting agencies as defined in the Fair Credit Reporting Act (15 
U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 
U.S.C. 3701, et seq.) as amended. The disclosure will be made in 
accordance with 31 U.S.C. 3711(e) when authorized by sections 204(f), 
808(e) or 1631(b)(4) of the Social Security Act (42 U.S.C. 404(f), 
1008(e) or 1383(b)(4)). The purpose of this disclosure is to aid in the 
collection of outstanding debts owed the Federal government, typically, 
to provide an incentive for debtors to repay delinquent Federal 
government debts by making these debts part of their credit records. 
The information to be disclosed is limited to the individual's name, 
address, SSN, and other information necessary to establish the 
individual's identity; the amount, status, and history of the debt and 
the Agency or program under which the debt arose.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records are maintained in magnetic media (e.g., magnetic tape) and 
in microform and microfiche form.

Retrievability:
    Records are indexed and retrieved by SSN.

Safeguards:
    Systems security for automated records has been established in 
accordance with the Systems Security Handbook. This includes 
maintaining all magnetic tapes and magnetic disks 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 re-disclosure.

Retention and disposal:
    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 
PA accounting requirements, for at least 5 years or the life of the 
record, whichever is longer.

System manager(s) and address(es):
    Associate Commissioner, Office of Disability and Supplemental 
Security Income Systems (ODSSIS), Social Security Administration, 6401 
Security Boulevard, Baltimore, Maryland 21235.

Notification procedures:
    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.)

[[Page 10463]]

Applicants for SVB who reside in the Philippines should contact VARO, 
Philippines. (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 should 
provide the same information, as well as provide an identity document, 
preferably with a photograph, such as a driver's license or some other 
means of identification. If an individual does not have any 
identification documents sufficient to establish his/her identity, the 
individual must certify in writing that he/she is the person claimed to 
be and that he/she understands that the knowing and willful request 
for, or acquisition of, a record pertaining to another individual under 
false pretenses is a criminal offense.
    If notification is requested by telephone, an individual must 
verify his/her identity by providing identifying information that 
parallels the record to which notification is being requested. If it is 
determined that the identifying information provided by telephone is 
insufficient, the individual will be required to submit a request in 
writing or in person. If an individual is requesting information by 
telephone on behalf of another individual, the subject individual must 
be connected with SSA and the requesting individual in the same phone 
call. SSA will establish the subject individual's identity (his/her 
name, SSN, address, date of birth and place of birth along with one 
other piece of information such as mother's maiden name) and ask for 
his/her consent in providing information to the requesting individual.
    If a request for notification is submitted by mail, an individual 
must include a notarized statement to SSA to verify his/her identity or 
must certify in the request that he/she is the person claimed to be and 
that he/she understands that the knowing and willful request for, or 
acquisition of, a record pertaining to another individual under false 
pretenses is a criminal offense. These procedures are in accordance 
with SSA Regulations (20 CFR 401.40).

Record access procedures:
    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 at the representative's discretion. 
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 SSA Regulations (20 
CFR 401.40(c) and 401.55)).

Contesting record procedures:
    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 SSA Regulations (20 CFR 401.65(a)).

Record source categories:
    Data contained in the SSR are obtained for the most part from the 
applicant for SSI and SVB payments and are derived from the Claims 
Folders System, 60-0089 and the Modernized Supplemental Security Income 
Claims System. The States and other Federal agencies such as the 
Department of Veterans Affairs also provide data affecting the SSR.

Systems exempted from certain provisions of the Privacy Act:
    None.

[FR Doc. 05-4094 Filed 2-2-05; 8:45 am]
BILLING CODE 4191-02-P