Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 82121 

6See Securities Exchange Act Release No. 63252 

(November 5, 2010), 75 FR 69486 (November 12, 

2010) (SR–Phlx–2010–150). 

7See Securities Exchange Act Release No. 61802 

(April 5, 2010), 75 FR 17193 (March 30, 2010) (SR– 

Phlx–2010–05). 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(4). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b-4(f)(2). 

12The text of the proposed rule change is 

available on Exchange’s Web site at http:// 

nasdaqtrader.com/micro.aspx?id=PHLXfilings, on 

the Commission’s Web site at http://www.sec.gov, at 

Phlx, and at the Commission’s Public Reference 

Room. 

13 17 CFR 200.30–3(a)(12). 

customer orders. The Cancellation Fee 

would continue to apply to Professional 

AON orders in all symbols, both Select 

Symbols and non-Select Symbols, and it 

would continue to not apply to any 

other type of Professional order. 

The Exchange recently amended the 

Fee Schedule to remove the 

Cancellation Fee for customer orders in 

the Select Symbols.6 The Exchange 

believes the Cancellation Fee is no 

longer required for customers to cover 

the cost of system utilization. In 

addition, the requirement to mark 

Professional orders has also alleviated 

some of the capacity issues that resulted 

from customer cancel orders.7 The 

Exchange believes that removing the 

Cancellation Fee for customer orders is 

appropriate because the concerns with 

system congestion have been alleviated 

by the requirement to mark Professional 

orders. 

While changes to the Exchange’s Fee 

Schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be operative 

for trades occurring on or after January 

3, 2011. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the Act 8

in general, and furthers the objectives of 

Section 6(b)(4) of the Act9 in particular, 

in that it is an equitable allocation of 

reasonable fees and other charges among 

Exchange members and other persons 

using its facilities. The Exchange 

believes that the proposed amendments 

to the customer Cancellation Fee are 

reasonable because they are no longer 

required to recover costs associated with 

excessive order cancellation activity. 

The Exchange believes that there should 

not be increased system congestion as a 

result of removing the customer 

Cancellation Fee. 

The Exchange believes that the 

Cancellation Fee is still necessary with 

respect to Professional AON orders 

because those orders are treated as 

customer orders for purposes of priority. 

Member organizations must indicate 

whether orders are for Professionals. 

The Exchange believes that this 

requirement to mark an order as 

Professional has shifted the source of 

the system congestion from customer 

orders to Professional AON orders. 

Continuing to assess a Cancellation Fee 

for Professional AON orders in all 

symbols should continue to ease system 

congestion and allow the Exchange to 

recover costs associated with excessive 

order cancellation activity. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received from 

Members, Participants or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 10 and 

paragraph (f)(2) of Rule 19b–4 11

thereunder. At any time within 60 days 

of the filing of the proposed rule change, 

the Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2010–179 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–Phlx–010–179. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission,12 all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–Phlx2010–179 and should be submitted on 

or January 19, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–32729 Filed 12–28–10; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974, as Amended; 

Proposed Routine Use 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Proposed routine use. 

SUMMARY: In accordance with the 

Privacy Act (5 U.S.C. 552a(e)(4) and 

(e)(11)), we are issuing public notice of 

our intent to add a new routine use to 

our system of records entitled Master 

Files of Social Security Number (SSN) 

Holders and SSN Applications, 60–0058 

(the Enumeration System). The routine 


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82122 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 

use to the Enumeration System will 

allow us, upon request of the 

Department of Health and Human 

Services (HHS), Department of 

Agriculture’s National Finance Center 

(NFC), Office of Personnel Management 

(OPM), and the States, or the States’ 

respective contractors or agents that 

administer the Pre-existing Condition 

Insurance Plan (PCIP) to verify the 

name, SSN, and date of birth, and 

confirm whether citizenship allegations 

match information in our records for the 

purposes of determining eligibility for 

PCIP. 

We discuss the routine use in greater 

detail in the SUPPLEMENTARY

INFORMATION section below. We invite 

public comment on this proposal. 

DATES: We filed a report of the routine 

use with the Chairman of the Senate 

Committee on Homeland Security and 

Governmental Affairs, the Chairman of 

the House Committee on Oversight and 

Government Reform, and the Director, 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB) on December 17, 2010. 

The routine use will become effective 

January 26, 2011 unless we receive 

comments before that date that require 

further consideration. 

ADDRESSES: Interested persons may 

comment on this publication by writing 

to the Acting Executive Director, Office 

of Privacy and Disclosure, Office of the 

General Counsel, Social Security 

Administration, Room 3–A–6 

Operations Building, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401 or through the Federal eRulemaking Portal at http:// 

www.regulations.gov. All comments we 

receive will be available for public 

inspection at the above address and will 

be posted to http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Tookes, Management Analyst, 

Disclosure Policy Development and 

Services Division 2, Office of Privacy 

and Disclosure, Office of the General 

Counsel, Social Security 

Administration, 3–A–6 Operations 

Building, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401, 

telephone: (410) 966–0097, e-mail: 

anthony.tookes@ssa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the 

Routine Use 

A. Disclosure of Citizenship Data for the 

Pre-existing Condition Insurance Plan 

On March 23, 2010, President Obama 

signed into law the Affordable Care Act 

of 2010 (Pub. L. 111–148), which 

requires HHS to establish a PCIP that 

will operate and be in effect from June 

21, 2010 until January 1, 2014, when 

each State will have established an 

American Health Benefit Exchange. The 

PCIP is a temporary health insurance 

program that will provide immediate 

access to insurance for uninsured 

persons with a pre-existing condition. 

HHS is responsible for overall 

administration of the PCIP, but may 

carry out the program through contracts 

with the States and nonprofit entities. 

For those States that have opted not to 

contract with HHS to establish their 

own program under the PCIP, HHS has 

delegated PCIP eligibility determination 

authority to NFC and OPM. 

Under the Affordable Care Act, we 

must verify certain information upon 

request from HHS, States, or their 

respective contractors or agents. We will 

verify each applicant’s name, SSN, and 

date of birth, and confirm whether 

allegations of citizenship match 

information in our records. HHS, NFC, 

OPM, and the States, or the States’ 

respective contractors or agents 

administering the PCIP, are responsible 

for resolving any information 

discrepancies with the applicant. If 

there is a discrepancy with the 

allegation of citizenship in our records, 

NFC, the States, or the States’ respective 

contractors or agents, will notify the 

applicant or HHS of the discrepancy. If 

we cannot confirm citizenship, HHS, 

NFC, the States, or the States’ respective 

contractors or agents, will verify 

citizenship with the Department of 

Homeland Security. 

II. Proposed New Routine Use 

A. Pre-existing Condition Insurance 

Plan 

The Privacy Act requires that agencies 

publish in the Federal Register, 

notification of ‘‘each routine use of the 

records contained in the system, 

including the categories of users and the 

purpose of such use.’’ 5 U.S.C. 

552a(e)(4)(D). This new routine use, 

numbered 44, for the Enumeration 

System, will allow disclosure to HHS, 

NFC, OPM, and the States, or the States’ 

contractors or agents charged with 

administering the PCIP. The routine use 

reads as follows: 

To the Department of Health and Human 

Services, Department of Agriculture’s 

National Finance Center, Office of Personnel 

Management, and the States or the States’ 

respective contractors or agents charged with 

administering the Pre-existing Condition 

Insurance Program (PCIP), to verify personal 

identification data (i.e., name, SSN, and date 

of birth) and to confirm citizenship status 

information in our records to assist these 

entities in determining applicants’ 

entitlement to benefits under the PCIP. 

III. Compatibility of Routine Use 

We may disclose information when 

the purpose is compatible with the 

purpose for which we collected the 

information and when re-disclosure is 

supported by published routine uses 

(20 CFR 401.150). HHS, NFC, OPM, and 

the States or the States’ respective 

contractors or agents will use the 

information to assist them in 

determining new applicants’ 

entitlement to the benefits under the 

PCIP. We will assist these entities in 

implementing the PCIP, in order to 

detect and deter conduct that violates 

section 208(a)(7) of the Social Security 

Act, and support the effective and 

efficient administration of PCIP by 

providing verification services and 

citizenship status information to these 

entities and their contractors or agents 

via this routine use. For these reasons, 

we find that providing SSN verification 

and citizenship confirmation services to 

HHS, NFC, OPM, States, or their 

respective contractors or agents that 

administer the PCIP, satifies both the 

statutory and regulatory compatibility 

requirements. 

IV. Effect of the Routine Use on the 

Rights of Persons 

With this routine use, we can verify 

identification data for HHS, NFC, OPM, 

the States, or the States’ respective 

contractors or agents. They will use the 

data to assist them in determining 

applicants’ entitlement to benefits 

provided by PCIP. We will adhere to all 

applicable statutory requirements for 

disclosure, including those under the 

Social Security Act and the Privacy Act. 

We will disclose SSN verification 

information, including confirming 

citizenship status information in our 

records, to HHS, NFC, OPM, the States, 

or the States’ respective contractors or 

agents, under written agreements that 

stipulate that they will collect, verify, 

and re-disclose SSNs and related data 

only as provided for by Federal law. We 

will also safeguard from unauthorized 

access the data we receive from these 

entities. Thus, we do not anticipate that 

the routine use will have any 

unwarranted adverse effect on the rights 

of persons about whom we will disclose 

information. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 82123 

Dated: December 14, 2010. 

Michael J. Astrue, 

Commissioner. 

Social Security Administration 

Notice of Proposed New Routine Use; 

Required by the Privacy Act of 1974, as 

Amended 

System Number: 60–0058 

SYSTEM NAME: 

Master Files of Social Security 

Number (SSN) Holders and SSN 

Applications, Social Security 

Administration (SSA). 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

SSA, Office of Telecommunications 

and Systems Operations, 6401 Security 

Boulevard, Baltimore, Maryland 21235. 

CATEGORIES OF PERSONS COVERED BY THE

SYSTEM: 

This system contains a record of each 

person who has applied for, and to 

whom we have assigned, a Social 

Security number (SSN). This system 

also contains records of each person 

who applied for an SSN, but to whom 

we did not assign one, for one of the 

following reasons: (1) His or her 

application was supported by 

documents that we suspect may be 

fraudulent and we are verifying the 

documents with the issuing agency; 

(2) we have determined the person 

submitted fraudulent documents; (3) we 

do not suspect fraud, but we need to 

further verify information the person 

submitted or we need additional 

supporting documents; or (4) we have 

not yet completed processing the 

application. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

We collect applications for SSNs. This 

system contains all of the information 

we received on the applications for 

SSNs (e.g., name, date and place of 

birth, sex, both parents’ names, and 

race/ethnicity data). If the application 

for an SSN is for a person under the age 

of 18, we also maintain the SSNs of the 

parents. The system also contains: 

• Changes in the information on the 

applications the SSN holders submit; 

• Information from applications 

supported by evidence we suspect or 

determine to be fraudulent, along with 

the mailing addresses of the persons 

who filed such applications and 

descriptions of the documentation they 

submitted; 

• Cross-references when multiple 

numbers have been issued to the same 

person; 

• A form code that identifies the 

Form SS–5 (Application for a Social 

Security Card Number) as the 

application the person used for the 

initial issuance of an SSN, or for 

changing the identifying information 

(e.g., a code indicating original issuance 

of the SSN, or that we assigned the 

person’s SSN through our enumeration 

at birth program); 

• A citizenship code that identifies 

the number holder’s status as a U.S. 

citizen or the work authorization of a 

non-citizen; 

• A special indicator code that 

identifies types of questionable data or 

special circumstances concerning an 

application for an SSN (e.g., false 

identity; illegal alien; scrambled 

earnings); 

• An indication that an SSN was 

assigned based on harassment, abuse, or 

life endangerment; and 

• An indication that a person has 

filed a benefit claim under a particular 

SSN. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Sections 205(a) and 205(c)(2) of the 

Social Security Act (42 U.S.C. 405(a) 

and 405(c)(2)). 

PURPOSE: 

We use information in this system to 

assign SSNs and for a number of 

administrative purposes: 

• For various Old Age, Survivors, and 

Disability Insurance, Supplemental 

Security Income, and Medicare/ 

Medicaid claims purposes, including 

using the SSN itself as a case control 

number, as a secondary beneficiary 

cross-reference control number for 

enforcement purposes, for verification 

of claimant identity factors, and for 

other claims purposes related to 

establishing benefit entitlement; 

• To prevent the processing of an 

SSN card application for a person 

whose application we identified was 

supported by evidence that either: 

Æ We suspect may be fraudulent and 

we are verifying evidence; or 

Æ We determined to be fraudulent 

information. 

We alert our offices when an 

applicant who attempts to obtain an 

SSN card visits other offices to find one 

that might unknowingly accept 

fraudulent documentation; 

• As a basic control for retained 

earnings information; 

• As a basic control and data source 

to prevent us from issuing multiple 

SSNs; 

• As a means to identify reported 

names or SSNs on earnings reports; 

• For resolution of earnings 

discrepancy cases; and 

• For statistical studies. 

The information also is provided to: 

• Our Office of the Inspector General, 

Office of Audit, for auditing benefit 

payments under Social Security 

programs; 

• The Department of Health and 

Human Services (DHHS), Office of Child 

Support Enforcement, for locating 

parents who owe child support; 

• The National Institute of 

Occupational Safety and Health for 

epidemiological research studies 

required by the Occupational Safety and 

Health Act of 1974; 

• The DHHS Office of Refugee 

Resettlement for administering Cuban 

refugee assistance payments; 

• The DHHS Centers for Medicare 

and Medicaid Services (CMS) for 

administering Titles XVIII and XIX 

claims; 

• The Secretary of the Treasury for 

use in administering those provisions of 

the Internal Revenue Code of 1986 (IRC) 

that grant tax benefits based on support 

for or residence of children. The IRC 

provisions apply specifically to SSNs 

that parents provide to us on 

applications for persons who are not yet 

age 18. 

ROUTINE USES OF RECORDS COVERED BY THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Routine use disclosures are as 

indicated below; however, we will not 

disclose any information defined as 

‘‘return or return information’’ under 26 

U.S.C. 6103 of the Internal Revenue 

Code, unless authorized by statute, the 

Internal Revenue Service (IRS), or IRS 

regulations. 

1. To employers in order to complete 

their records for reporting wages to us 

pursuant to the Federal Insurance 

Contributions Act and section 218 of the 

Social Security Act. 

2. To Federal, State, and local entities 

to assist them with administering 

income maintenance and healthmaintenance programs, when a Federal 

statute authorizes them to use the SSN. 

3. To the Department of Justice (DOJ), 

Federal Bureau of Investigation and 

United States Attorney’s Offices, and to 

the Department of Homeland Security, 

United States Secret Service, for 

investigating and prosecuting violations 

of the Social Security Act. 

4. To the Department of Homeland 

Security, United States Citizenship and 

Immigration Services, for identifying 

and locating aliens in the United States 

pursuant to requests received under 

section 290(b) of the Immigration and 

Nationality Act (8 U.S.C. 1360(b)). 

5. To a contractor for the purpose of 

collating, evaluating, analyzing, 


srobinson on DSKHWCL6B1PROD with NOTICES
82124 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 

aggregating, or otherwise refining 

records. We require the contractor to 

maintain Privacy Act safeguards with 

respect to such records. 

6. To the Railroad Retirement Board 

to: 

(a) Administer provisions of the 

Railroad Retirement and Social Security 

Act relating to railroad employment; 

and 

(b) Administer the Railroad 

Unemployment Insurance Act. 

7. To the Department of Energy for its 

epidemiological research study of the 

long-term effects of low-level radiation 

exposure, as permitted by our 

regulations at 20 CFR 401.150(c). 

8. To the Department of the Treasury 

for: 

(a) Tax administration as defined in 

section 6103 of the IRC (26 U.S.C. 6103); 

(b) Investigating the alleged theft, 

forgery, or unlawful negotiation of 

Social Security checks; and 

(c) Administering those sections of 

the IRC that grant tax benefits based on 

support or residence of children. As 

required by section 1090(b) of the 

Taxpayer Relief Act of 1997, Public Law 

105–34, this routine use applies 

specifically to the SSNs of parents 

shown on an application for an SSN for 

a person who has not yet attained age 

18. 

9. To a congressional office in 

response to an inquiry from that office 

made at the request of the subject of a 

record or a third party on that person’s 

behalf. 

10. To the Department of State for 

administering the Social Security Act in 

foreign countries through its facilities 

and services. 

11. To the American Institute, a 

private corporation under contract to 

the Department of State, for 

administering the Social Security Act on 

Taiwan through facilities and services of 

that agency. 

12. To the Department of Veterans 

Affairs (DVA), Regional Office, Manila, 

Philippines, for administering the Social 

Security Act in the Philippines and 

other parts of the Asia-Pacific region 

through facilities and services of the 

DVA, Manila. 

13. 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. 

14. To Department Veterans Affairs: 

(a) To validate SSNs of compensation 

recipients/pensioners so that DVA can 

release accurate pension/compensation 

data to us for Social Security program 

purposes; and 

(b) Upon request, for purposes of 

determining eligibility for, or amount of 

DVA benefits, or verifying other 

information with respect thereto. 

15. To Federal agencies that use the 

SSN as a numerical identifier in their 

recordkeeping systems for the purpose 

of validating SSNs. 

16. To DOJ, a court, other tribunal, or 

another party before such court or 

tribunal when: 

(a) SSA or any of our components; or 

(b) Any SSA employee in his or her 

official capacity; or 

(c) Any SSA employee in his or her 

individual capacity when DOJ (or SSA 

when we are authorized to do so) has 

agreed to represent the employee; or 

(d) The United States or any agency 

thereof when we determine that the 

litigation is likely to affect the 

operations of SSA or any of our 

components, is party to litigation or has 

an interest in such litigation, and we 

determine that the use of such records 

by DOJ, a court, other tribunal, or 

another party before such court or 

tribunal is relevant and necessary to the 

litigation. In each case, however, we 

must determine that such disclosure is 

compatible with the purpose for which 

we collected the records. 

17. To State audit agencies for 

auditing State supplementation 

payments and Medicaid eligibility 

considerations. 

18. 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 

Social Security Act. 

19. To Federal, State, or local agencies 

(or agents on their behalf) for the 

purpose of validating SSNs those 

agencies use to administer cash or noncash income maintenance programs or 

health maintenance programs, including 

programs under the Social Security Act. 

20. To third party contacts (e.g., State 

bureaus of vital statistics and the 

Department of Homeland Security) that 

issue documents to persons when the 

third party has, or is expected to have, 

information that will verify documents 

when we are unable to determine if 

such documents are authentic. 

21. To DOJ, Criminal Division, Office 

of Special Investigations, upon receipt 

of a request for information pertaining 

to the identity and location of aliens for 

the purpose of detecting, investigating, 

and, when appropriate, taking legal 

action against suspected Nazi war 

criminals in the United States. 

22. 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). 

23. To contractors and other Federal 

agencies, as necessary, to assist us in 

efficiently administering our programs. 

24. To organizations or agencies, such 

as prison systems, required by Federal 

law to furnish us with validated SSN 

information. 

25. To the General Services 

Administration and the National 

Archives and Records Administration 

(NARA) under 44 U.S.C. 2904 and 2906, 

as amended by the NARA Act of 1984, 

information that is not restricted from 

disclosure by Federal law for their use 

in conducting records management 

studies. 

26. To DVA or third parties under 

contract to DVA to disclose SSNs and 

dates of birth for the purpose of 

conducting DVA medical research and 

epidemiological studies. 

27. To the Office of Personnel 

Management (OPM) upon receipt of a 

request from that agency in accordance 

with 5 U.S.C. 8347(m)(3), to disclose 

SSN information when OPM needs the 

information to administer its pension 

program for retired Federal Civil Service 

employees. 

28. To the Department of Education, 

upon request, to verify SSNs that 

students provide to postsecondary 

educational institutions, as required by 

Title IV of the Higher Education Act of 

1965 (20 U.S.C. 1091). 

29. To student volunteers, persons 

working under a personal services 

contract, and others, when they need 

access to information in our records in 

order to perform their assigned agency 

duties. 

30. To Federal, State, and local law 

enforcement agencies and private 

security contractors, as appropriate, 

information necessary: 

(a) To enable them to ensure the 

safety of our 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. 

31. To recipients of erroneous Death 

Master File (DMF) information, to 

disclose corrections to information that 

resulted in erroneous inclusion of 

persons in the DMF. 

32. To State vital records and 

statistics agencies, the SSNs of newborn 

children for administering public health 

and income maintenance programs, 

including conducting statistical studies 

and evaluation projects. 

33. To State motor vehicle 

administration agencies (MVA), and to 


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State agencies charged with 

administering State identification card 

programs (ICP) for the public, to verify 

names, dates of birth, and Social 

Security numbers on those persons who 

apply for, or for whom the State issues, 

driver’s licenses or State identification 

cards. 

34. To entities conducting 

epidemiological or similar research 

projects, upon request, pursuant to 

section 1106(d) of the Social Security 

Act (42 U.S.C. 1306(d)), to disclose 

information as to whether a person is 

alive or deceased, provided that: 

(a) We determine, in consultation 

with the Department of Health and 

Human Services, that the research may 

reasonably be expected to contribute to 

a national health interest; 

(b) The requester agrees to reimburse 

us for the costs of providing the 

information; and 

(c) The requester agrees to comply 

with any safeguards and limitations we 

specify regarding re-release or redisclosure of the information. 

35. To employers in connection with 

a pilot program, conducted with the 

Department of Homeland Security 

under 8 U.S.C. 1324a(d)(4), to test 

methods of verifying that persons are 

authorized to work in the United States. 

We will inform an employer 

participating in such pilot program that 

the identifying data (SSN, name, and 

date of birth) furnished by an employer 

concerning a particular employee 

match, or do not match, the data 

maintained in this system of records, 

and when there is such a match, that 

information in this system of records 

indicates that the employee is, or is not, 

a citizen of the United States. 

36. To a State Bureau of Vital 

Statistics (BVS) that is authorized by 

States to issue electronic death reports 

when the State BVS requests that we 

verify the SSN of a person on whom the 

State will file an electronic death report 

after we verify the SSN. 

37. To the Department of Defense 

(DOD) to disclose validated SSN 

information and citizenship status 

information for the purpose of assisting 

DOD in identifying those members of 

the Armed Forces and military enrollees 

who are aliens or non-citizen nationals 

who may qualify for expedited 

naturalization or citizenship processing. 

These disclosures will be made 

pursuant to requests made under section 

329 of the Immigration and Nationality 

Act, 8 U.S.C. 1440, as executed by 

Executive Order 13269. 

38. 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 benefits; in 

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 noneconomic 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, but only after we: 

(a) Determine that the routine use 

does not violate legal limitations under 

which the record was provided, 

collected, or obtained; 

(b) Determine 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 persons; and 

ii. Is of sufficient importance to 

warrant the effect on, or risk to, the 

privacy of the person by such limited 

additional exposure of the record; 

iii. Has reasonable probability that the 

objective of the use would be 

accomplished; 

iv. Is of importance to the Social 

Security program or Social Security 

beneficiaries; or 

v. Is of importance to the Social 

Security program or Social Security 

beneficiaries or is for an 

epidemiological research project that 

relates to the Social Security program or 

beneficiaries; 

(c) Require the recipient of 

information to: 

vi. 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; 

vii. Remove or destroy the identifying 

information at the earliest time 

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; 

viii. Make no further use of the 

records except: 

(1) Under emergency circumstances 

affecting the health and safety of any 

person, following written authorization 

from us; or 

(2) For disclosure to an identified 

person approved by us for the purpose 

of auditing the research project; 

ix. 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 a person); 

(d) Secure a written statement by the 

recipient of the information attesting to 

the recipient’s understanding of, and 

willingness to abide by, these 

provisions. 

39. To State and Territory MVA 

officials (or agents or contractors on 

their behalf), and to State and Territory 

chief election officials to verify the 

accuracy of information the State agency 

provides with respect to applications for 

voter registration, when the applicant 

provides the last four digits of the SSN 

instead of a driver’s license number. 

40. To State and Territory MVA 

officials (or agents or contractors on 

their behalf), and to State and Territory 

chief election officials, under the 

provisions of section 205(r)(8) of the 

Social Security Act (42 U.S.C. 405(r)(8)), 

to verify the accuracy of information the 

State agency provides with respect to 

applications for voter registration for 

those persons who do not have a 

driver’s license number: 

(a) When the applicant provides the 

last four digits of the SSN, or 

(b) When the applicant provides the 

full SSN, in accordance with section 7 

of the Privacy Act (5 U.S.C. 552a note), 

as described in section 303(a)(5)(D) of 

the Help America Vote Act of 2002. (42 

U.S.C. 15483(a)(5)(D)) 

41. To the Secretary of Health and 

Human Services, or to any State, any 

record or information requested in 

writing by the Secretary for the purpose 

of administering any program 

administered by the Secretary, if we 

disclosed records or information of such 

type under applicable rules, regulations, 

and procedures in effect before the date 

of enactment of the Social Security 

Independence and Program 

Improvements Act of 1994. 

42. To the appropriate Federal, State, 

and local agencies, entities, and persons 

when: (1) We suspect or confirm that 

the security or confidentiality of 

information in this system of records 

has been compromised; (2) we find, as 

a result of the suspected or confirmed 

compromise, a risk of harm to economic 

or property interests, risk of identity 

theft or fraud, or harm to the security or 

integrity of this system or our other 

systems or programs that rely upon the 

compromised information; and (3) we 


srobinson on DSKHWCL6B1PROD with NOTICES
82126 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 

determine that disclosing the 

information to such agencies, entities, 

and persons is necessary to assist in our 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

43. To State agencies charged with 

administering Medicaid and the 

Children’s Health Insurance Program 

(CHIP) to verify personal identification 

data (e.g., name, SSN, and date of birth) 

and to disclose citizenship status 

information to assist them in 

determining new applicants’ 

entitlement to benefits provided by the 

CHIP. 

44. To the Department of Health and 

Human Services, Department of 

Agriculture’s National Finance Center, 

Office of Personnel Management, the 

States, or the States’ respective 

contractors or agents charged with 

administering the Pre-existing 

Condition Insurance Program (PCIP) to 

verify personal identification data (e.g., 

name, SSN, and date of birth) and to 

confirm citizenship status information 

in our records to assist these agencies 

with determining applicants’ 

entitlement to benefits under PCIP. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

We maintain records in this system in 

paper form (Forms SS–5 (Application 

for a Social Security Card), and system 

generated forms); magnetic media 

(magnetic tape and disc with on-line 

access); in microfilm and microfiche 

form; and on electronic files 

(NUMIDENT and Alpha-Index). 

RETRIEVABILITY: 

We will retrieve records by both SSN 

and name. If we deny an application 

because the applicant submitted 

fraudulent evidence, or if we are 

verifying evidence we suspect to be 

fraudulent, we will retrieve records 

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: 

We have established safeguards for 

automated records in accordance with 

our Systems Security Handbook. These 

safeguards include 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 we 

issue only to authorized personnel. 

For computerized records, we or our 

contractors, including organizations 

administering our programs under 

contractual agreements, transmit 

information electronically between 

Central Office and Field Office 

locations. Safeguards include a lock/ 

unlock password system, exclusive use 

of leased telephone lines, a terminaloriented transaction matrix, and an 

audit trail. Only authorized personnel 

who have a need for the records in the 

performance of their official duties may 

access microfilm, microfiche, and paper 

files. 

We annually provide to all our 

employees and contractors appropriate 

security guidance and training that 

include reminders about the need to 

protect personally identifiable 

information and the criminal penalties 

that apply to unauthorized access to, or 

disclosure of, personally identifiable 

information. See 5 U.S.C. 552a(i)(1). 

Furthermore, employees and contractors 

with access to databases maintaining 

personally identifiable information must 

sign a sanction document annually, 

acknowledging their accountability for 

inappropriately accessing or disclosing 

such information. 

RETENTION AND DISPOSAL: 

We retain most paper forms only until 

we film and verify them for accuracy. 

We then shred the paper records. We 

retain electronic and updated microfilm 

and microfiche records indefinitely. We 

update all tape, discs, microfilm, and 

microfiche files periodically. We erase 

out-of-date magnetic tapes and discs 

and we shred out-of-date microfiches. 

SYSTEM MANAGER AND ADDRESS: 

Director, Division of Enumeration 

Verification and Death Alerts, Office of 

Earnings, Enumeration, and 

Administrative Systems, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235. 

NOTIFICATION PROCEDURES: 

Persons can determine if this system 

contains a record about them by writing 

to the system manager at the above 

address and providing their name, SSN, 

or other information that may be in this 

system of records that will identify 

them. Persons requesting notification by 

mail must include a notarized statement 

to us to verify their identity or must 

certify in the request that they are the 

person they claim to be and that they 

understand that the knowing and willful 

request for, or acquisition of, a record 

pertaining to another person under false 

pretenses is a criminal offense. 

Persons requesting notification of 

records in person must provide their 

name, SSN, or other information that 

may be in this system of records that 

will identify them, as well as provide an 

identity document, preferably with a 

photograph, such as a driver’s license. 

Persons lacking identification 

documents sufficient to establish their 

identity must certify in writing that they 

are the person they claim to be and that 

they understand that the knowing and 

willful request for, or acquisition of, a 

record pertaining to another person 

under false pretenses is a criminal 

offense. 

Persons requesting notification by 

telephone must verify their identity by 

providing identifying information that 

parallels the information in the record 

about which notification is sought. If we 

determine that the identifying 

information the person provides by 

telephone is insufficient, we will 

require the person to submit a request 

in writing or in person. If a person 

requests information by telephone on 

behalf of another person, the subject 

person must be on the telephone with 

the requesting person and with us in the 

same phone call. We will establish the 

subject person’s identity (his or 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 or her 

consent to provide information to the 

requesting person. These procedures are 

in accordance with our regulations at 20 

CFR 401.40 and 401.45. 

RECORD ACCESS PROCEDURES: 

Same as notification procedures. 

Persons must also reasonably specify 

the record contents they are seeking. 

These procedures are in accordance 

with our regulations at 20 CFR 

401.40(c). 

CONTESTING RECORD PROCEDURES: 

Same as notification procedures. 

Persons must 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). 

RECORD SOURCE CATEGORIES: 

We obtain information in this system 

from SSN applicants (or persons acting 

on their behalf). 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2010–32565 Filed 12–28–10; 8:45 am] 

BILLING CODE P 


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