Privacy Act of 1974; System of Records, 16509-16512 [2023-05455]

Agencies

• Social Security Administration

[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16509-16512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05455]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2022-0033]


Privacy Act of 1974; System of Records

AGENCY: Social Security Administration (SSA).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, we are issuing 
public notice of our intent to modify an existing system of records 
entitled, Disability Insurance and Supplemental Security Income 
Demonstration Projects and Experiments System (60-0218), last published 
on January 11, 2006. This notice publishes details of the modified 
system as set forth below under the caption, SUPPLEMENTARY INFORMATION.

DATES: The system of records notice (SORN) is applicable upon its 
publication in today's Federal Register, with the exception of the new 
routine uses, which are effective April 17, 2023. We invite public 
comment on the routine uses or other aspects of this SORN. In 
accordance with the Privacy Act of 1974, we are providing the public a 
30-day period in which to submit comments. Therefore, please submit any 
comments by April 17, 2023.

ADDRESSES: The public, Office of Management and Budget (OMB), and 
Congress may comment on this publication by writing to the Executive 
Director, Office of Privacy and Disclosure, Office of the General 
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking 
Portal at https://www.regulations.gov. Please reference docket number 
SSA-2022-0033. All comments we receive will be available for public 
inspection at the above address and we will post them to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Tristin Dorsey, Government Information 
Specialist, Privacy Implementation Division, Office of Privacy and 
Disclosure, Office of the General Counsel, SSA, Room G-401 West High 
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone: (410) 966-5855, email: [email protected] and Matthew 
Burch, Government Information Specialist, Disclosure and Data Support 
Division, Office of Privacy and Disclosure, Office of the General 
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, telephone: (410) 966-5855, email: 
[email protected].

SUPPLEMENTARY INFORMATION: We are modifying the system of records name 
from ``Disability Insurance and Supplemental Security Income 
Demonstration Projects and Experiments System, SSA, Deputy Commissioner 
for Disability Income and Security Programs'' to ``Disability Insurance 
and Supplemental Security Income Demonstration Projects and Experiments 
System.'' We are modifying the system manager and location to clarify 
the office responsible for maintaining the system and the locations of 
the records within the system.
    We are clarifying the categories of individuals and the purpose of 
the system for easier reading. We are revising the authority for 
maintenance of the system to add section 1106 of the Social Security 
Act, as amended. We are expanding the categories of records to include 
name; address; and education, criminal justice, and program 
participation records. We are also updating the record source 
categories to include other Federal, State, and local agencies; 
existing SSA systems of records; and cooperative awardees or grantees.
    In addition, we are deleting routine use Nos. 1 and Nos. 2 of the 
previously published notice, as portions of these routine uses are no 
longer applicable. We are incorporating applicable portions of the 
deleted routine uses into two new routine uses that will permit 
disclosures to a congressional office, for the purpose of responding to 
any inquiries received and to contractors and other Federal agencies, 
for the purpose of assisting SSA in the efficient administration of our 
programs.
    We are adding six additional routine uses to permit disclosures to 
contractors, cooperative agreement awardees, Federal, State, and local 
agencies, and Federal congressional support agencies for research and 
statistical activities; to the Office of the President, for the purpose 
of responding to any inquiries received; to Federal, State, and local 
law enforcement agencies and private contractors, for the safety and 
security of SSA employees, customers, and facilities; to the Department 
of Justice (DOJ) for litigation purposes; to third party contacts that 
may have information relevant to determining the current contact 
information for a project participant; and to third parties, when an 
individual involved with a project needs assistance to communicate 
because of a hearing impairment or a language barrier. We are expanding 
the policies and practices for retrieval of records to include case 
number and other identifiers such as socioeconomic, demographic, 
medical, and disability characteristics.
    Lastly, we are clarifying the policies and practices for the 
retention and disposal of records to advise of the appropriate records 
schedules. We are modifying the notice throughout to correct 
miscellaneous stylistic formatting and typographical errors of the 
previously published notice, and to ensure the language reads 
consistently across multiple systems. We are republishing the entire 
notice for ease of reference.
    In accordance with 5 U.S.C. 552a(r), we have provided a report to 
OMB and Congress on this modified system of records.

Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the 
General Counsel.

SYSTEM NAME AND NUMBER:
    Disability Insurance and Supplemental Security Income Demonstration 
Projects and Experiments System, 60-0218.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Social Security Administration, Office of Retirement and Disability 
Policy, Office of Research, Demonstration, and Employment Support, 6401 
Security Boulevard, Baltimore, Maryland 21235.
    Contractors, who maintain information on behalf of SSA--contact 
System Manager for contractor address information.

[[Page 16510]]

SYSTEM MANAGER(S):
    Social Security Administration, Deputy Commissioner for Retirement 
and Disability Policy, Office of Research, Demonstration, and 
Employment Support, 6401 Security Boulevard, Baltimore, Maryland 21235, 
(410) 966-5855.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 222, 234, 1106, and 1110 of the Social Security Act, as 
amended; section 505 of the Social Security Disability Amendments of 
1980 (Pub. L. 96-265); section 12101 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (Pub. L. 99-272); section 10103 of the 
Omnibus Budget Reconciliation Act of 1989 (Pub. L. 101-239); and 
section 5120 of the Omnibus Reconciliation Act of 1990 (Pub. L. 101-
508).

PURPOSE(S) OF THE SYSTEM:
    We will use the information in this system to perform and evaluate 
demonstrations and experiments, for the purpose of testing alternative 
approaches related to the prevention and reduction of dependency, or 
which will aid in effecting coordination of planning between private 
and public welfare agencies, or which will help improve the 
administration and effectiveness of programs carried on or assisted 
under the Social Security Act and related programs. This includes, but 
is not limited to, alternative approaches to continuing benefits 
eligibility during employment, and to the rehabilitation of title II 
(Disability Insurance (DI)) beneficiaries and individuals who apply 
for, or receive, title XVI (Supplemental Security Income (SSI)) 
payments on the basis of a disability or blindness. We will also use 
the information in this system for congressional reporting.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains information on participants in demonstrations 
or experiments, to include those in treatment and comparison groups. 
Individuals covered by the system include, but are not limited to, 
applicants, potential applicants, beneficiaries, and recipients of DI 
and SSI benefits, their representatives and auxiliaries, and those 
participating in related Federal, State, local, and other programs.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records collected and used to conduct and 
evaluate demonstrations and experiments. Records may include, but are 
not limited to: name; address; demographic characteristics (e.g., date 
of birth, sex, and state of residence); marital status; military 
service; family and household composition, including dependents; 
medical history (mental and physical); medical expenses; disability 
characteristics (e.g., primary diagnosis code and dual eligibility) and 
health information; living arrangements; health insurance coverage and 
use; use of medical and rehabilitative services (e.g., agency closure 
type and service use); employment data; occupation and industry 
classification; income data (including tax return information subject 
to section 6103 of the Internal Revenue Code (IRC)); earnings and 
expenditures; referrals to and participation in SSI and related Federal 
and State welfare programs; benefit history information; types of cost 
of services under DI, SSI, and related Federal and State welfare 
programs; reasons for, or circumstances of, closure; attitudes toward 
work rehabilitation or treatment programs; impairment-related work 
expenses; worker's compensation benefits; job search methods; knowledge 
and understanding of provisions affecting entitlement to benefits; 
participation in, and services rendered under, the Ticket-to-Work 
program; education records (e.g., information pertaining to attendance, 
dropout, graduation, courses, course completion, course performance, 
offenses, exam performance, survey data, post-high school plans, and 
college preparatory activities); criminal justice records (e.g., arrest 
or prisoner records); program participation records; and for SSI 
projects only, driver's license information and information concerning 
alcohol and drug use.

RECORD SOURCE CATEGORIES:
    We obtain information in this system of records from existing SSA 
systems of records including, but not limited to: 60-0044, National 
Disability Determination Services File; 60-0058, Master Files of Social 
Security Number (SSN) Holders and SSN Applications; 60-0050, Completed 
Determination Record--Continuing Disability Determinations; 60-0059, 
Earnings Recording and Self-Employment Income System; 60-0089, Claims 
Folder System; 60-0090, Master Beneficiary Record; 60-0103, 
Supplemental Security Income Record and Special Veterans Benefits; 60-
0094, Recovery of Overpayments, Accounting and Reporting/Debt 
Management System (ROAR/DMS); 60-0221, Vocational Rehabilitation 
Reimbursement Case Processing System; 60-0295, Ticket-to-Work and Self-
Sufficiency Program Payment Database; 60-0300, Ticket-to-Work Program 
Manager Management Information System; 60-0320, Electronic Disability 
Claim File; and 60-0330, eWork.
    We also obtain information from other sources including, but not 
limited to: other Federal, State, and local agencies; surveys; the 
individual to whom the record pertains; case service reports of 
vocational rehabilitation (VR) agencies and referral and monitoring 
agencies; employers; and contractors, cooperative awardees, or 
grantees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    We will disclose records pursuant to the following routine uses; 
however, we will not disclose any information defined as ``return or 
return information'' under 26 U.S.C. 6103 of the IRC, unless authorized 
by a statute, the Internal Revenue Service (IRS), or IRS regulations.
    1. To the IRS, Department of the Treasury, for the purpose of 
auditing SSA's compliance with the safeguard provisions of the IRC of 
1986, as amended.
    2. To student volunteers, individuals working under a personal 
services contract, and other workers who technically do not have the 
status of Federal employees, when they are performing work for us, as 
authorized by law, and they need access to personally identifiable 
information (PII) in our records in order to perform their assigned 
agency functions.
    3. To the National Archives and Records Administration (NARA) under 
44 U.S.C. 2904 and 2906.
    4. To the Secretary of Health and Human Services or to any State, 
the Commissioner shall disclose any record of information requested in 
writing by the Secretary, for the purpose of administering any program 
administered by the Secretary, if records or information of such type 
were so disclosed under applicable rules, regulations, and procedures 
in effect before the date of enactment of the Social Security 
Independence and Program Improvements Act of 1994.
    5. To appropriate agencies, entities, and persons when:
    (a) SSA suspects or has confirmed that there has been a breach of 
the system of records;
    (b) SSA has determined that, as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, SSA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and
    (c) the disclosure made to such agencies, entities, and persons is

[[Page 16511]]

reasonably necessary to assist in connection with SSA's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    6. To another Federal agency or Federal entity, when we determine 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in:
    (a) responding to a suspected or confirmed breach; or
    (b) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    7. To a congressional office in response to an inquiry from that 
office made on behalf of, and at the request of, the subject of the 
record or third party acting on the subject's behalf.
    8. To contractors and other Federal agencies, as necessary, for the 
purpose of assisting SSA in the efficient administration of its 
programs. We will disclose information under this routine use only in 
situations in which SSA may enter into a contractual or similar 
agreement to obtain assistance in accomplishing an SSA function 
relating to this system of records.
    9. To contractors, cooperative agreement awardees, State agencies, 
Federal agencies, and Federal congressional support agencies for 
research and statistical activities that are designed to increase 
knowledge about present or alternative Social Security programs; are of 
importance to the Social Security program or beneficiaries; or are for 
an epidemiological project that relates to the Social Security program 
or beneficiaries. We will disclose information under this routine use 
pursuant only to a written agreement between the organization or agency 
and SSA.
    10. To the Office of the President, in response to an inquiry 
received from that office made on behalf of, and at the request of, the 
subject of record or a third party acting on the subject's behalf.
    11. 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 our workplace and the operation of our 
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 our facilities.
    12. To DOJ, a court or other tribunal, or another party before such 
court or tribunal, when:
    (a) SSA, or any component thereof; or
    (b) any SSA employee in their official capacity; or
    (c) any SSA employee in their 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 
the litigation is likely to affect SSA or any of its components, is a 
party to the litigation or has an interest in such litigation, and we 
determine that the use of such records by DOJ, a court or other 
tribunal, or another party before the tribunal, is relevant and 
necessary to the litigation, provided, however, that in each case, we 
determine that such disclosure is compatible with the purpose for which 
the records were collected.
    13. To third party contacts that may have information relevant to 
determining the current contact information for a project participant, 
when the agency has been unsuccessful in establishing contact.
    14. To third parties, when an individual involved with a project 
needs assistance to communicate because of a hearing impairment or a 
language barrier exists (e.g., to interpreters, telecommunications 
relay system operators).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    We will maintain records in this system in paper form and in 
electronic form.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    We will retrieve records in this system by case number or SSN. We 
will also retrieve records by other identifiers such as name; date of 
birth; address; sex; and geographic, socioeconomic, demographic, 
medical, and disability characteristics, as possible in specific file 
structures for individual projects.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with NARA rules codified at 36 CFR 1225.16, we 
maintain records in accordance with the applicable sections of the 
approved agency-specific records schedule, N1-047-09-05, Supplemental 
Security Income Record, and approved NARA General Records Schedule 
(GRS) 4.2, item 130 and GRS 5.2, item 020.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    We retain electronic and paper files with personal identifiers in 
secure storage areas accessible only by our authorized employees and 
contractors who have a need for the information when performing their 
official duties. Security measures include the use of codes and 
profiles, personal identification numbers and passwords, and personal 
identification verification cards. We keep paper records in locked 
cabinets within secure areas, with access limited to only those 
employees who have an official need for access in order to perform 
their duties. To the maximum extent consistent with the approved 
research needs, we purge personal identifiers from micro-data files 
prepared for purposes of research and subject these files to procedural 
safeguards to assure anonymity.
    We annually provide our employees and contractors with appropriate 
security awareness training that includes reminders about the need to 
protect PII and the criminal penalties that apply to unauthorized 
access to, or disclosure of, PII (5 U.S.C. 552a(i)(1)). Furthermore, 
employees and contractors with access to databases maintaining PII must 
sign a sanctions document annually, acknowledging their accountability 
for inappropriately accessing or disclosing such information.

RECORD ACCESS PROCEDURES:
    Individuals may submit requests for notification of, or access to, 
information about them contained in this system by submitting a written 
request to the system manager at the above address, which includes 
their name, SSN, or other information that may be in this system of 
records that will identify them. Individuals requesting notification 
of, or access to, a record by mail must include (1) a notarized 
statement to verify their identity or (2) must certify in the request 
that they are the individual they claim to be and that they understand 
that the knowing and willful request for, or acquisition of, a record 
pertaining to another individual under false pretenses is a criminal 
offense.
    Individuals requesting notification of, or access to, records may 
also make an in-person request by providing their name, SSN, or other 
information that may be in this system of records that will identify 
them, as well as provide an identifying document, preferably with a 
photograph, such as a driver's license. Individuals lacking 
identification documents sufficient to establish their identity must 
certify in writing that they

[[Page 16512]]

are the individual they claim to be and that they understand 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 our regulations at 20 CFR 
401.40 and 401.45.

CONTESTING RECORD PROCEDURES:
    Same as record access procedures. Individuals 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 our regulations at 20 CFR 401.65(a).

NOTIFICATION PROCEDURES:
    Same as record access procedures. These procedures are in 
accordance with our regulations at 20 CFR 401.40 and 401.45.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    71 FR 1836, Disability Insurance and Supplemental Security Income 
Demonstration Projects and Experiments System.
    72 FR 69723, Disability Insurance and Supplemental Security Income 
Demonstration Projects and Experiments System.
    83 FR 54969, Disability Insurance and Supplemental Security Income 
Demonstration Projects and Experiments System.

[FR Doc. 2023-05455 Filed 3-16-23; 8:45 am]
BILLING CODE 4191-02-P