[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Pages 32142-32145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12591]


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HEALTH AND HUMAN SERVICES

Social Security Administration


Privacy Act of 1974, as Amended; Correction to Existing System of 
Records

AGENCY: Social Security Administration (SSA).

ACTION: Notice of a minor non-substantive change to an existing system 
of record.

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SUMMARY: In accordance with the provisions of the Privacy Act (5 U.S.C. 
552a(e)(4) and (e)(11)), we are issuing public notice of our intent to 
make a minor non-substantive change to an existing system of records 
entitled the Supplemental Security Income Record and Special Veterans 
Benefits(SSR/SVB), SSA/OSR, 60-0103. We invite public comments on this 
proposal.

DATES: These changes are effective May 22, 2000.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the SSA Privacy Officer, Social Security Administration, 3-
F-1 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235-
6401. All comments received will be available for public inspection at 
the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Pamela McLaughlin, Social 
Insurance Program Specialist, Social Security Administration, Room 3-C-
2 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235-
6401, telephone (410) 965-3677.

SUPPLEMENTARY INFORMATION: The Supplemental Security Income Record and 
Special Veterans Benefits(SSR/SVB), SSA/OSR, 60-0103 maintains 
eligibility information about applicants and recipients of payments 
under titles VIII and XVI of the Social Security Act. (See the 
Categories of individuals covered by the system and Categories of 
records in the system in the notice below for a complete description of 
the individuals and records covered by the system of records.) The 
information maintained includes ``income'' data which in some cases 
could constitute ``returns or return information'' within the scope of 
the Internal Revenue Code (IRC), as amended.
    We, therefore, are amending the section of the Federal Register 
notice of the SSR/SVB system of records entitled Routine uses of 
records maintained in the system, including categories of users and the 
purposes of such uses to indicate that any information maintained in 
this system will not be disclosed unless disclosure is authorized by 
the IRC.

Darrell Blevins,
SSA Privacy Officer.
60-0103

System name:
    Supplemental Security Income Record and Special Veterans Benefits, 
SSA/OSR.

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;

[[Page 32143]]

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 
overpayment amounts 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: 
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 (the Act).

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 
Office (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.
    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 constituting `returns or return 
information' within the scope of the Internal Revenue Code will not be 
disclosed unless disclosure is authorized by that statute.
    (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 Act: Bureau of Indian Affairs; Office of Personnel 
Management; Department of Agriculture; Department of Labor; Immigration 
and Naturalization Service; 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 Act.
    (14) To State agencies to enable them to locate potentially 
eligible individuals and to make eligibility determinations for 
extensions of social services under the provisions of title XX of the 
Act.
    (15) To State agencies to assist them in determining initial and 
continuing eligibility in their income maintenance programs and for 
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.

[[Page 32144]]

    (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 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 
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) Information may be disclosed to contractors and other Federal 
agencies, as necessary, for the purpose of assisting SSA in the 
efficient administration of its programs. We contemplate disclosing 
information under this routine use only in situations in which SSA may 
enter a contractual or similar agreement with a third party to assist 
in accomplishing an agency function relating to this system of records.
    (25) Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to General Services 
Administration and 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 NARA Act of 1984.
    (26) To the DOJ, a court or other tribunal, or another party before 
such tribunal when:
    (a) SSA, any component thereof,
    (b) Any SSA employee in his/her official capacity;
    (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.
    (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 Rehabilitation Services Administration (RSA) for use in its 
program studies of, and development of enhancements for, State 
vocational rehabilitation programs. These are programs to which 
applicants or beneficiaries under titles II and or XVI of the Act may 
be referred. Data released to RSA will not include any personally 
identifying information (such as names or SSNs).
    (30) Addresses of beneficiaries who are obligated on loans held by 
the Secretary of Education or a loan made in accordance with 20 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.

[[Page 32145]]

    (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;
    (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 rerelease or redisclosure of the 
information.

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:
    System 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 redisclosure.

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:
    Director, Division of Supplemental Security Income Systems, Office 
of Systems Requirements, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235.

Notification procedure:
    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.) 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 need not 
furnish any special documents of identity. Documents he/she would 
normally carry on his/her person would be sufficient (e.g., credit 
cards, driver's license, or voter registration card). An individual 
requesting notification via mail or telephone must furnish a minimum of 
his/her name, date of birth and address in order to establish identity, 
plus any additional information specified in this section. These 
procedures are in accordance with SSA Regulations (20 CFR 401.40(c)).

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).

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. 00-12591 Filed 5-19-00; 8:45 am]
BILLING CODE 4190-11-U