Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11079

12See also Cincinnati Stock Exchange, Rule 8.6.

Hearings, Sub-Paragraph (b) Notice and List of

Documents (discussing a similar time frame for

parties to exchange evidence and witness lists). 13See Amendment No. 1, supra note 3. 14See Amendment No. 1, supra note 3. 15See also Pacific Exchange, Rule 10.7. Decision

(discussing a similar time frame after receipt of the

transcript in which to produce a report); see also

Amendment No. 2, supra note 4; see also

Amendment No. 3, supra note 5. 16See Amendment No. 1, supra note 3.

17See Amendment No. 1, supra note 3.

The Phlx later confirmed that the Chair of the

Committee would name the designee on behalf of

the Committee. Telephone conversation between

Charles Falgie, Director of Enforcement/Counsel,

Phlx, and Sapna C. Patel, Attorney, Division,

Commission (Jan. 31, 2001).

18The Commission has considered the proposed

rule’s impact on efficiency, competition and capital

formation. 15 U.S.C. 78c(f).

19 15 U.S.C. 78f(b).

20 15 U.S.C. 78f(b)(6).

21 15 U.S.C. 78f(b)(7).

22See supra notes 9, 12, and 15.

23 15 U.S.C. 78f(b)(6) and 15 U.S.C. 78f(b)(7).

24 15 U.S.C. 78s(b)(2).

25 17 CFR 200.30–3(a)(12).

Hearing Panel, not less than eight

business days prior to the scheduled

hearing date.12 Counsel for the

Exchange must provide a transcript of

the hearing to the Hearing Panel

members and the Respondent within

five business days of receipt of the

transcript. The Respondent, along with

being provided a copy of the transcript,

will be issued a bill for its portion of the

costs of the transcript.13 The Exchange

and the Respondent would bear equally

the costs of the transcript, which would

include, but will not be limited to, the

costs for the court reporter,

reproduction of the transcript, and

producing copies.14 The Hearing Panel,

on receipt of the transcript, would then

have forty-five days to produce a

hearing report.15 Finally, the proposed

amendments establish formal

procedures for requesting and granting

adjournments of the hearing date.

Requests would be presented in writing

to the presiding person of the Hearing

Panel and would be considered for just

cause.16

The proposed amendments also allow

the Chair of the Committee to name a

designee on behalf of the Committee.17

This is proposed for administrative

purposes, such as the Chair’s

unavailability due to illness, the need

for recusal, or other circumstances

which may arise.

III. Discussion

After careful review, the Commission

finds that the proposed rule change is

consistent with the requirements of the

Act 18 and the rules and regulations

thereunder applicable to a national

securities exchange and, in particular,

the requirements of section 6 of the

Act.19 Section 6(b)(6) of the Act 20

requires the rules of an exchange must

provide that Exchange members, and

persons associated with Exchange

members, are appropriately disciplined

for violations of the provisions of the

Act, the rules and regulations

thereunder, or the rules of the Exchange.

Section 6(b)(7) of the Act 21 provides

that there be a fair procedure for

disciplining Exchange members and

persons associated with members.

The Commission believes that the

Exchange’s codification of certain

timing guidelines relating to its

disciplinary hearing process should

foster a prompt, efficient disciplinary

process and clarify the procedures for

Exchange members and the general

public. The Exchange has represented

that, although these timing guidelines

are not expressly a part of the

Exchange’s rules, the Exchange has been

following these timing guidelines as a

part of Exchange procedure.

Furthermore, the time periods indicated

throughout Phlx Rule 960.5 are similar

to time periods employed by other

exchanges.22 The Commission believes

that, by expressly codifying these timing

guidelines for disciplinary hearings, the

Exchange will be able to impose and

monitor compliance with the guidelines

more effectively. The Commission also

believes that the proposed rule change

will improve the speed, fairness, and

efficiency of disciplinary hearings,

thereby promoting a fair procedure for

the disciplining of Exchange members

and persons associated with Exchange

members.

IV. Conclusion

For the foregoing reasons, the

Commission finds that the proposed

rule change, as amended, is consistent

with the Act and the rules and

regulations thereunder applicable to a

national securities exchange, and, in

particular, with sections 6(b)(6) and

6(b)(7).23

It Is Therefore Ordered, pursuant to

section 19(b)(2) of the Act,24 that the

proposed rule change, as amended (SR–

Phlx–00–13) is approved.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.25

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–4262 Filed 2–20–01; 8:45 am]

BILLING CODE 8010–01–M

SOCIAL SECURITY ADMINISTRATION

Privacy Act of 1974; as Amended;

Alterations to Existing Systems of

Records

AGENCY: Social Security Administration.

ACTION: Notice of minor non-substantive

changes to existing systems of records.

SUMMARY: In accordance with the

Privacy Act (5 U.S.C. 552a(b)(12)), we

are issuing public notice of our intent to

amend the following existing systems of

records to allow disclosure of personally

identifiable information to consumer

reporting agencies in accordance with

31 U.S.C. 3711(e):

• Master Beneficiary Record, 60–

0090,

• Recovery of Overpayment,

Accounting and Reporting, 60–0094;

and

• Supplemental Security Income

Record and Special Veterans Benefits,

60–0103.

We also are modifying the language in

the notice entitled, Supplemental

Security Income Record and Special

Veterans Benefits to: (1) More accurately

describe the records maintained in this

system of records, and (2) clarify

language in routine use numbered 19 for

this system of records. We invite public

comments on these proposals.

DATES: These changes are effective

immediately on February 21, 2001.

ADDRESSES: Interested individuals may

comment on this publication by writing

to the SSA Privacy Officer, Social

Security Administration, 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: Ms.

Pamela McLaughlin, Social Insurance

Specialist, Social Security

Administration, 3–C–2 Operations

Building, 6401 Security Boulevard,

Baltimore, Maryland 21235–6401,

telephone (410) 965–3677.

SUPPLEMENTARY INFORMATION:

I. Disclosure to Consumer Reporting

Agencies

The Privacy Act of 1974, as amended,

(5 U.S.C. 552a(b)(12)) permits Federal

agencies to disclose certain information

to consumer reporting agencies in

accordance with 31 U.S.C. 3711(e)

without the consents of the individuals

to whom the information pertains. The

purpose of this disclosure is provide an

incentive for individuals to pay the

outstanding debts they owe to the

Federal government by including

information about these debts in the

11080 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices

records relating to those persons

maintained by consumer reporting

agencies. This is a practice commonly

used by the private sector. We are

permitted by sections 204(f), 808(e) and

1631(b)(4) of the Social Security Act

(the Act) (42 U.S.C. 404(f), 1008(e) and

1383(b)(4)) to disclose to consumer

reporting agencies under 31 U.S.C. 3711

information on certain delinquent

benefit overpayments that occur under

title II, title VIII (special benefits for

certain veterans of World War II) and

title XVI of the Act, respectively.

In accordance with 31 U.S.C. 3711(e)

and requirements of the Office of

Management and Budget (OMB), we are

publishing this notice in the Federal

Register (FR) that we may disclose

information from the above-mentioned

systems of records to consumer

reporting agencies. The information

disclosed will be limited to that which

is needed to establish the identity of the

individual debtor, the amount, status,

and history of the debt, and the agency

or program under which the debt arose.

We have added the following

statement after the routine uses section

of each of the notices of the abovementioned systems of records:

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 to 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.

II. Clarifying Amendment to the

Supplemental Security Income Record

and Special Veterans Benefits System of

Records

A. Clarification of Description of

Categories of Records Maintained

We have amended the categories of

records section of the Supplemental

Security Income Record and Special

Veterans Benefits to more accurately

describe the types of information

maintained in the system of records.

This amendment is a clarification, not

the addition of new types of information

in the system. This section of the notice

of the system of records states that

records concerning ‘‘. . . payment

amounts, including overpayment

amounts and the date and amount of

advance payments; . . .’’

We are clarifying this description as

follows (see italicized language): ‘‘***

payment amounts, including the date

and amount of advance payments;

overpayment amounts, including

identifying characteristics of each

overpayment (e.g., name, SSN and

address of the individual(s) involved,

recovery efforts made and the date of

each action, and planned future

actions); ***’’

B. Clarification of Routine Use

Numbered 19 Applicable to the

Supplemental Security Income Record

and Special Veterans Benefits System of

Records

The routine use numbered 19 for the

Supplemental Security Income Record

and Special Veterans Benefits provides

for disclosure of information from the

system to other Federal, State and local

government agencies to assist those

agencies in administering their

programs as well as to assist SSA in

administering its programs. We are

making a clarifying amendment to this

routine use to cite examples of SSA

programs for which disclosure may be

made under the routine use. The

amended routine use provides that

disclosure may be made (the clarifying

language is italicized):

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 upon request for determining

eligibility for, or amount of, DVA

benefits or verifying other information

with respect thereto;

(b) The Railroad Retirement Board 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;

(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 in the Philippines, and

the Department of Interior and its agents

to assist in administering the Social

Security Act in the Northern Mariana

Islands; and

(g) Federal, State, or local agencies to

assist SSA in administering its programs

such as the Supplemental Security

Income and Special Veterans Benefits

programs.

Dated: February 14, 2001.

Darrell Blevins,

SSA Privacy Officer.

60–0090

SYSTEM NAME:

Master Beneficiary Record, Social

Security Administration, Office of

Systems Requirements.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Social Security Administration, Office

of Telecommunications and Systems

Operations, 6401 Security Boulevard,

Baltimore, MD 21235.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

All Social Security beneficiaries who

are or were entitled to receive

Retirement and Survivors Insurance

(RSI), or Disability Insurance (DI)

benefits, including individuals who

have received a RSI or DI payment since

November 1978 even if their payment is

not part of an ongoing award of benefits;

individuals (non-claimants) on whose

earnings records former spouses apply

for RSI or DI benefits; persons who are

only enrolled in the Hospital or

Supplementary Medical Insurance (SMI)

programs; and claimants whose benefits

have been denied or disallowed.

The system also contains short

references to records for persons

entitled to supplemental security

income payments, black lung benefits or

railroad retirement board benefits.

CATEGORIES OF RECORDS IN THE SYSTEM:

The Master Beneficiary Record (MBR)

contains information about each

claimant who has applied for RSI or DI

benefits, or to be enrolled in the

Hospital or SMI programs; a record of

the amount of Federal tax withheld on

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11081

benefits paid to nonresident aliens; and

the aggregate amount of benefit

payments, repayments and reductions

with respect to an individual in a

calendar year. A record is maintained

under each individual’s Social Security

number (SSN). However, if the

individual has filed on another person’s

SSN, only a short ‘‘pointer’’ record is

maintained. Personal and general data

about the claim is maintained under the

SSN of that claim. Data about the

claimant can be accessed using the

claimant’s SSN or the SSN on which

benefits have been awarded or claimed

(claim account number (can)).

There are three types of data in each

CAN:

Account data: This includes the

primary insurance amount, insured

status of the SSN holder (if no monthly

benefits are payable), data relating to the

computation (use of military service

credits, railroad retirement credits, or

coverage credits earned under the Social

Security system of a foreign country

when the claim is based on a

totalization agreement), and, if only

survivor’s benefits have been paid,

identifying data about the SSN holder

(full name, date of birth, date of death

and verification of date of death).

Payment data: This includes the

payee’s name and address, data about a

financial institution (if benefits are sent

directly to the institution for deposit),

the monthly payment amount, the

amount and date of a one-time payment

of past due benefits, and, where

appropriate, a scheduled future

payment.

Beneficiary data: This includes

personal information (name, date of

birth, sex, date of filing, relationship to

the SSN holder, other SSN’s, benefit

amount and payment status), and, if

applicable, information about a

representative payee, data about

disability entitlement, worker’s

compensation offset data, estimates and

report of earnings, or student

entitlement information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sections 202–205, 223, 226, 228,

1818, 1836, and 1840 of the Social

Security Act (the Act).

PURPOSES(S):

Data in this system are used by a

broad range of Social Security

employees for responding to inquiries,

generating follow-ups on beneficiary

reporting events, computer exception

processing, statistical studies,

conversion of benefits, and generating

records for the Department of the

Treasury to pay the correct benefit

amount.

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 applicants or claimants,

prospective applicants or claimants

(other than the data subject), their

authorized representatives or

representative payees to the extent

necessary to pursue Social Security

claims and to representative payees,

when the information pertains to

individuals for whom they serve as

representative payees, for the purpose of

assisting SSA in administering its

representative payment responsibilities

under the Act and assisting the

representative payees in performing

their duties as payees, including

receiving and accounting for benefits for

individuals for whom they serve as

payees.

(2) To third party contacts (e.g.,

employers and private pension plan) 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.

(3) To third party contacts that may

have information relevant to SSA’s

establishment or verification of

information provided by representative

payees or payee applicants.

(4) To a Social Security beneficiary/

claimant when a claim is filed by

another individual on the same record

which is adverse to the beneficiary, but

only information concerning the facts

relevant to the interests of each party in

a claim e.g.:

(a) An award of benefits to a new

claimant precludes an award to a prior

claimant; or

(b) An award of benefits to a new

claimant will reduce the benefit

payments to the individual(s) on the

roll;

(5) To the Department of the Treasury

for:

(a) Collecting Social Security taxes or

as otherwise pertinent to tax and benefit

payment provisions of the Act

(including SSN verification services);

(b) Investigating the alleged theft,

forgery, or unlawful negotiation of

Social Security checks;

(c) Determining the Federal tax

liability on Social Security benefits

pursuant to 26 U.S.C. 6050F, as

amended by Public Law 98–21. The

information disclosed will consist of the

following:

(i) The aggregate amount of Social

Security benefits paid with respect to

any individual during any calendar

year;

(ii) The aggregate amount of Social

Security benefits repaid by such

individual during such calendar year;

(iii) The aggregate reductions under

section 224 of the Act in benefits which

would otherwise have been paid to such

individual during the calendar year on

account of amounts received under a

worker’s compensation act; and

(iv) The name and address of such

individual;

(d) Depositing the tax withheld on

benefits paid to nonresident aliens in

the Treasury (Social Security Trust

Funds) pursuant to 26 U.S.C. 871, as

amended by P.L. 98–21.

(6) To the United States Postal Service

for investigating the alleged theft or

forgery of Social Security checks.

(7) To the Department of Justice (DOJ)

for:

(a) Investigating and prosecuting

violations of the Act to which criminal

penalties attach;

(b) Representing the Commissioner of

Social Security; and

(c) Investigating issues of fraud by

agency officers or employees, or

violation of civil rights.

11082 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices

(8) To the Department of State for

administering the Act in foreign

countries through services and facilities

of that agency. (9) To the American Institute of

Taiwan for administering the Act in

Taiwan through services and facilities of

that agency. (10) To the Department of Veterans

Affairs (DVA), Philippines Regional

Office, for administering the Act in the

Philippines through the services and

facilities of that agency. (11) To the Department of Interior for

administering the Act in the Trust

Territory of the Pacific Islands through

services and facilities of that agency. (12) To the Social Security agency of

a foreign country, to carry out the

purpose of an international Social

Security agreement entered into

between the United States and the other

country, pursuant to section 233 of the

Act.

(13) To the Office of the President for

the purpose of responding to an

individual pursuant to an inquiry

received from that individual or from a

third party on his/her behalf. (14) To the Department of Education

for determining eligibility of applicants

for basic educational opportunity grants. (15) To the Bureau of the Census

when it performs as a collecting agent

or data processor for research and

statistical purposes directly relating to

this system of records. (16) To the Department of the

Treasury, Office of Tax Analysis, for

studying the effects of income taxes and

taxes on earnings. (17) To the Office of Personnel

Management (OPM), for the study of the

relationship of civil service annuities to

minimum Social Security benefits, and

the effects on the Social Security trust

fund.

(18) To State Social Security

Administrators for administering

agreements pursuant to section 218 of

the Act.

(19) To the Department of Energy for

its epidemiological research study of the

long-term effects of low-level radiation

exposure, as permitted by SSA

Regulations 20 CFR 401.150(c). (20) 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. (21) To a congressional office in

response to an inquiry from that office

made at the request of the subject of a

record.

(22) To the Department of Labor for

conducting statistical studies of the

relationship of private pensions and

Social Security benefits to prior

earnings.

(23) In response to legal process or

interrogatories relating to the

enforcement of an individual’s child

support or alimony obligations, as

required by sections 459 and 461 of the

Act.

(24) To Federal, State, or local

agencies (or agents on their behalf) for

administering income maintenance or

health maintenance programs (including

programs under the Act). Such

disclosures include, but are not limited

to, release of information to:

(a) RRB for administering provisions

of the Railroad Retirement Act relating

to railroad employment; for

administering the Railroad

Unemployment Insurance Act and for

administering provisions of the Social

Security Act relating to railroad

employment; (b) DVA for administering 38 U.S.C.

1312, and upon request, for determining

eligibility for, or amount of, veterans

benefits or verifying other information

with respect thereto pursuant to 38

U.S.C. 5106;

(c) State welfare departments for

administering sections 205(c)(2)(B)(i)(II)

and 402(a)(25) of the Act requiring

information about assigned SSN’s for

Temporary Assistance for Needy

Families (TANF) program purposes and

for determining a recipient’s eligibility

under the TANF program; and (d) State agencies for administering

the Medicaid program. (25) Upon request, information on the

identity and location of aliens may be

disclosed to the Department of Justice

(DOJ) (Criminal Division, Office of

Special Investigations) for the purpose

of detecting, investigating and, where

appropriate, taking legal action against

suspected Nazi war criminals in the

United States.

(26) 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. (27) Information may be disclosed to

contractors and other Federal agencies,

as necessary, for the purpose of assisting

SSA in the efficient administration of its

programs. We contemplate disclosing

information under the routine use only

in situations in which SSA may enter

into a contractual or similar agreement

with a third party to assist in

accomplishing an agency function

relating to this system of records. (28) Non-tax return information

which is not restricted from disclosure

by Federal law may be disclosed to

General Services Administration (GSA)

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.

(29) Information may be disclosed to

the Federal Reserve Bank of New York

for the purpose of making direct

deposit/electronic funds transfer of

Social Security benefits to foreignresident beneficiaries.

(30) 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 Internal Revenue Code (IRC) (26

U.S.C. 6103) will not be disclosed under

this routine use unless disclosure is

expressly permitted by the IRC.

(31) To the Rehabilitation Services

Administration (RSA) for use in its

program studies of, and development of

enhancements for, State vocational

rehabilitation programs. These are

programs to which applicants or

beneficiaries under titles II and or XVI

of the Act may be referred. Data released

to RSA will not include any personally

identifying information (such as names

or SSNs).

(32) Addresses of beneficiaries who

are obligated on loans held by the

Secretary of Education or a loan made

in accordance with 20 U.S.C. 1071, et.

seq. (the Robert T. Stafford Federal

Student Loan Program) may be

disclosed to the Department of

Education as authorized by section

489A of the Higher Education Act of

1965.

(33) To student volunteers and other

workers, who technically do not have

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11083

the status of Federal employees, when

they are performing work for SSA as

authorized by law, and they need access

to personally identifiable information in

SSA records in order to perform their

assigned Agency functions.

(34) To Federal, State, and local law

enforcement agencies and private

security contractors, as appropriate,

information necessary:

(a) To enable them to protect the

safety of SSA employees and customers,

the security of the SSA workplace and

the operation of SSA facilities, or

(b) To assist investigations or

prosecutions with respect to activities

that affect such safety and security or

activities that disrupt the operation of

SSA facilities.

(35) Corrections to information that

resulted in erroneous inclusion of

individuals in the Death Master File

(DMF) may be disclosed to recipients of

erroneous DMF information.

(36) 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 rerelease or

redisclosure of the information.

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 to 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 stored in magnetic media

(e.g., magnetic tape and magnetic disk)

and in microform and paper form.

RETRIEVABILITY:

Records in this system are indexed

and retrieved by SSN.

SAFEGUARDS:

Safeguards for automated records

have been established in accordance

with the Systems Security Handbook.

All magnetic tapes and disks are within

an enclosure attended by security

guards. Anyone entering or leaving this

enclosure must have special badges

which are issued only to authorized

personnel. All microform and paper

files are accessible only by authorized

personnel and are locked after working

hours.

For computerized records,

electronically transmitted between

SSA’s central office and field office

locations (including organizations

administering SSA programs under

contractual agreements), safeguards

include a lock/unlock password system,

exclusive use of leased telephone lines,

a terminal oriented transaction matrix,

and an audit trail.

RETENTION AND DISPOSAL:

Primary data storage is on magnetic

disk. A new version of the disk file is

generated each month based on changes

to the beneficiary’s record (adjustment

in benefit amount, termination, or new

entitlements). The prior version is

written to tape and retained for 90 days

in SSA’s main data processing facility

and is then sent to a secured storage

facility for indefinite retention.

Selected records also are retained on

magnetic disk for on-line query

purposes. The query files are updated

monthly and retained indefinitely.

Microform records are disposed of by

shredding or the application of heat

after periodic replacement of a complete

file.

Paper records are usually destroyed

after use, by shredding, except where

needed for documentation of the claims

folder. (See the notice for the Claims

Folders System, 60–0089 for retention

periods and method of disposal for

these records).

SYSTEM MANAGER AND ADDRESS:

Director, Office of Systems

Requirements, Division of Payment

Processes, 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 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

11084 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices

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:

Data for the MBR come primarily from

the Claims Folders System (60–0089)

and/or is furnished by the claimant/

beneficiary at the time of filing for

benefits, via the application form and

necessary proofs, and during the period

of entitlement when notices of events

such as changes of address, work,

marriage, are given to SSA by the

beneficiary; and from States regarding

Hospital Insurance third party premium

payment/buy-in cases.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE PRIVACY ACT:

None.

60–0094

SYSTEM NAME:

Recovery of Overpayments,

Accounting and Reporting, Social

Security Administration, Office of

Systems Requirements.

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

offices. (See Appendix F to this

publication for address and telephone

information.)

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Social Security 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

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)).

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 adjustment

produce accounting and statistical

reports at specified intervals.

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 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 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.

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

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11085

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 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

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

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 is 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 Systems

Requirements, Division of Payment

Processes, 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.

60–0103

SYSTEM NAME:

Supplemental Security Income

Record and Special Veterans Benefits,

Social Security Administration, Office

of Systems Requirements.

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 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

11086 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices

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:

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.

(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;

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11087

(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.

(g) Federal, State, or local agencies to

assist SSA in administering its programs

such as the Supplemental Security

Income and Special Veterans Benefits

program. (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 (GSA)

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 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.

(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.

(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.

11088 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices

(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 rerelease or

redisclosure of the information.

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 to 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:

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, Maryland 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 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.

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

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11089

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. 01–4235 Filed 2–20–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements

Filed During the Week Ending

February 2, 2001

The following Agreements were filed

with the Department of Transportation

under the provisions of 49 U.S.C.

sections 412 and 414. Answers may be

filed within 21 days after the filing of

the application.

Docket Number: OST–2001–8789.

Date Filed: January 29, 2001.

Parties: Members of the International

Air Transport Association.

Subject: PTC23 EUR–SASC 0074

Dated: 26 January 2001, Expedited

Europe-South Asian Subcontinent

Resolution 002b, Intended effective

date: 1 March 2001.

Docket Number: OST–2001–8810.

Date Filed: January 30, 2001.

Parties: Members of the International

Air Transport Association.

Subject: PTC12 USA–EUR Fares 0053

dated 30 January 2001, Resolution

015h—USA Add-on Amounts between

USA and UK, Intended effective date: 1

April 2001.

Docket Number: OST–2001–8837.

Date Filed: January 31, 2001.

Parties: Members of the International

Air Transport Association.

Subject: PTC3 0464 dated 19

December 2000, TC3 Areawide

Resolutions r1—r10, PTC3 0465 dated

19 December 2000, TC3 Within South

Asian Subcontinent Resolutions, r11—

r19, PTC3 0466 dated 19 December

2000, TC3 Within South East Asia

Resolutions r20—r-31, PTC3 0467 dated

19 December 2000, TC3 Within South

West Pacific Resolutions r32—r37, PTC3

0468 dated 19 December 2000, TC3

between South East Asia and South

Asian Subcontinent, Resolutions r38—

r46, PTC3 0469 dated 19 December

2000, TC3 between South Asian

Subcontinent and South West Pacific,

Resolutions r47—r54, PTC3 0470 dated

19 December 2000, TC3 between South

East Asia and South West Pacific,

Resolutions r55—r59, Minutes—PTC3

0478 dated 23 January 2001, Tables—

PTC3 Fares 0135 dated 19 December

2000, PTC3 Fares 0136 dated 19

December 2000, PTC3 Fares 0137 dated

19 December 2000, PTC3 Fares 0139

dated 19 December 2000, PTC3 Fares

0140 dated 19 December 2000, PTC3

Fares 0142 dated 19 December 2000,

Intended effective date: 1 April 2001.

Docket Number: OST–2001–8838.

Date Filed:January 31, 2001.

Parties: Members of the International

Air Transport Association.

Subject: PTC3 0471 dated 19

December 2000, TC3 between Japan and

Korea Resolutions r1—r12, PTC3 0472

dated 19 December 2000, TC3 between

Japan, Korea and South Asian

Subcontinent, Resolutions r13—r27,

PTC3 0473 dated 19 December 2000,

TC3 between Japan, Korea and South

East Asia, Resolutions r28—r56, PTC3

0474 dated 19 December 2000, TC3

between Japan, Korea and South West

Pacific, Resolutions r57—r105,

Minutes—PTC3 0478 dated 23 January

2001, Tables—PTC3 Fares 0138 dated

19 December 2000, PTC3 Fares 0141

dated 19 December 2000, PTC3 Fares

0143 dated 19 December 2000, PTC3

Fares 0144 dated 19 December 2000,

Intended effective date: 1 April 2001.

Dorothy Y. Beard,

Federal Register Liaison.

[FR Doc. 01–4273 Filed 2–20–01; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ending February 2, 2001

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et. seq.). The due date for

Answers, Conforming Applications, or

Motions to Modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause order, a

tentative order, or in appropriate cases

a final order without further

proceedings.

Docket Number: OST–2001–8823.

Date Filed: January 30, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: February 20, 2001.

Description

Application of Express One

International pursuant to 49 U.S.C.

Section 41102 and Part 201, Subpart B

of Part 302, applies for the issuance of

a certificate of public convenience and

necessity authorizing Express One to

provide scheduled foreign air

transportation of property and mail

between any point or points in the

United States and any point or territory

or possession in the United States and

any point or points in the countries

listed in this application.

Docket Number: OST–2001–8848.

Date Filed: February 2, 2001.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: February 23, 2001.

Description

Application of Air Canada Regional

Inc. pursuant to 49 U.S.C. Section

41301, and Subpart Q, applies for a

Foreign Air Carrier Permit that would

enable Air Canada Regional to hold out

scheduled foreign air transportation of

persons, property and mail between any

point or points in Canada, and any point

or points in the United States, and to

engage in foreign charter operations

pursuant to the Department’s charter

regulations.

Dorothy Y. Beard,

Federal Register Liaison.

[FR Doc. 01–4274 Filed 2–20–01; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

[USCG–2001–8891]

Merchant Marine Personnel Advisory

Committee

AGENCY: Coast Guard, DOT.

ACTION: Notice of meetings.

SUMMARY: The Merchant Marine

Personnel Advisory Committee

(MERPAC) and its working groups will

meet to discuss various issues relating

to the training and fitness of merchant

marine personnel. MERPAC advises the

Secretary of Transportation on matters

relating to the training, qualifications,

licensing, certification and fitness of