Notice2023-05455
Privacy Act of 1974; System of Records
Primary source
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Published
March 17, 2023
Effective
April 17, 2023
Issuing agencies
Social Security Administration
Abstract
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Disability Insurance and Supplemental Security Income Demonstration Projects and Experiments System (60-0218), last published on January 11, 2006. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Full Text
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<title>Federal Register, Volume 88 Issue 52 (Friday, March 17, 2023)</title>
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[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16509-16512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05455]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2022-0033]
Privacy Act of 1974; System of Records
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, we are issuing
public notice of our intent to modify an existing system of records
entitled, Disability Insurance and Supplemental Security Income
Demonstration Projects and Experiments System (60-0218), last published
on January 11, 2006. This notice publishes details of the modified
system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
DATES: The system of records notice (SORN) is applicable upon its
publication in today's Federal Register, with the exception of the new
routine uses, which are effective April 17, 2023. We invite public
comment on the routine uses or other aspects of this SORN. In
accordance with the Privacy Act of 1974, we are providing the public a
30-day period in which to submit comments. Therefore, please submit any
comments by April 17, 2023.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress may comment on this publication by writing to the Executive
Director, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Please reference docket number
SSA-2022-0033. All comments we receive will be available for public
inspection at the above address and we will post them to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Tristin Dorsey, Government Information
Specialist, Privacy Implementation Division, Office of Privacy and
Disclosure, Office of the General Counsel, SSA, Room G-401 West High
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401,
telephone: (410) 966-5855, email: <a href="/cdn-cgi/l/email-protection#1367617a60677a7d3d777c6160766a536060723d747c65"><span class="__cf_email__" data-cfemail="4e3a3c273d3a2720602a213c3d2b370e3d3d2f60292138">[email protected]</span></a> and Matthew
Burch, Government Information Specialist, Disclosure and Data Support
Division, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, telephone: (410) 966-5855, email:
<a href="/cdn-cgi/l/email-protection#422f2336362a27356c203730212a023131236c252d34"><span class="__cf_email__" data-cfemail="44292530302c21336a263136272c043737256a232b32">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: We are modifying the system of records name
from ``Disability Insurance and Supplemental Security Income
Demonstration Projects and Experiments System, SSA, Deputy Commissioner
for Disability Income and Security Programs'' to ``Disability Insurance
and Supplemental Security Income Demonstration Projects and Experiments
System.'' We are modifying the system manager and location to clarify
the office responsible for maintaining the system and the locations of
the records within the system.
We are clarifying the categories of individuals and the purpose of
the system for easier reading. We are revising the authority for
maintenance of the system to add section 1106 of the Social Security
Act, as amended. We are expanding the categories of records to include
name; address; and education, criminal justice, and program
participation records. We are also updating the record source
categories to include other Federal, State, and local agencies;
existing SSA systems of records; and cooperative awardees or grantees.
In addition, we are deleting routine use Nos. 1 and Nos. 2 of the
previously published notice, as portions of these routine uses are no
longer applicable. We are incorporating applicable portions of the
deleted routine uses into two new routine uses that will permit
disclosures to a congressional office, for the purpose of responding to
any inquiries received and to contractors and other Federal agencies,
for the purpose of assisting SSA in the efficient administration of our
programs.
We are adding six additional routine uses to permit disclosures to
contractors, cooperative agreement awardees, Federal, State, and local
agencies, and Federal congressional support agencies for research and
statistical activities; to the Office of the President, for the purpose
of responding to any inquiries received; to Federal, State, and local
law enforcement agencies and private contractors, for the safety and
security of SSA employees, customers, and facilities; to the Department
of Justice (DOJ) for litigation purposes; to third party contacts that
may have information relevant to determining the current contact
information for a project participant; and to third parties, when an
individual involved with a project needs assistance to communicate
because of a hearing impairment or a language barrier. We are expanding
the policies and practices for retrieval of records to include case
number and other identifiers such as socioeconomic, demographic,
medical, and disability characteristics.
Lastly, we are clarifying the policies and practices for the
retention and disposal of records to advise of the appropriate records
schedules. We are modifying the notice throughout to correct
miscellaneous stylistic formatting and typographical errors of the
previously published notice, and to ensure the language reads
consistently across multiple systems. We are republishing the entire
notice for ease of reference.
In accordance with 5 U.S.C. 552a(r), we have provided a report to
OMB and Congress on this modified system of records.
Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel.
SYSTEM NAME AND NUMBER:
Disability Insurance and Supplemental Security Income Demonstration
Projects and Experiments System, 60-0218.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Social Security Administration, Office of Retirement and Disability
Policy, Office of Research, Demonstration, and Employment Support, 6401
Security Boulevard, Baltimore, Maryland 21235.
Contractors, who maintain information on behalf of SSA--contact
System Manager for contractor address information.
[[Page 16510]]
SYSTEM MANAGER(S):
Social Security Administration, Deputy Commissioner for Retirement
and Disability Policy, Office of Research, Demonstration, and
Employment Support, 6401 Security Boulevard, Baltimore, Maryland 21235,
(410) 966-5855.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 222, 234, 1106, and 1110 of the Social Security Act, as
amended; section 505 of the Social Security Disability Amendments of
1980 (Pub. L. 96-265); section 12101 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Pub. L. 99-272); section 10103 of the
Omnibus Budget Reconciliation Act of 1989 (Pub. L. 101-239); and
section 5120 of the Omnibus Reconciliation Act of 1990 (Pub. L. 101-
508).
PURPOSE(S) OF THE SYSTEM:
We will use the information in this system to perform and evaluate
demonstrations and experiments, for the purpose of testing alternative
approaches related to the prevention and reduction of dependency, or
which will aid in effecting coordination of planning between private
and public welfare agencies, or which will help improve the
administration and effectiveness of programs carried on or assisted
under the Social Security Act and related programs. This includes, but
is not limited to, alternative approaches to continuing benefits
eligibility during employment, and to the rehabilitation of title II
(Disability Insurance (DI)) beneficiaries and individuals who apply
for, or receive, title XVI (Supplemental Security Income (SSI))
payments on the basis of a disability or blindness. We will also use
the information in this system for congressional reporting.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains information on participants in demonstrations
or experiments, to include those in treatment and comparison groups.
Individuals covered by the system include, but are not limited to,
applicants, potential applicants, beneficiaries, and recipients of DI
and SSI benefits, their representatives and auxiliaries, and those
participating in related Federal, State, local, and other programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records collected and used to conduct and
evaluate demonstrations and experiments. Records may include, but are
not limited to: name; address; demographic characteristics (e.g., date
of birth, sex, and state of residence); marital status; military
service; family and household composition, including dependents;
medical history (mental and physical); medical expenses; disability
characteristics (e.g., primary diagnosis code and dual eligibility) and
health information; living arrangements; health insurance coverage and
use; use of medical and rehabilitative services (e.g., agency closure
type and service use); employment data; occupation and industry
classification; income data (including tax return information subject
to section 6103 of the Internal Revenue Code (IRC)); earnings and
expenditures; referrals to and participation in SSI and related Federal
and State welfare programs; benefit history information; types of cost
of services under DI, SSI, and related Federal and State welfare
programs; reasons for, or circumstances of, closure; attitudes toward
work rehabilitation or treatment programs; impairment-related work
expenses; worker's compensation benefits; job search methods; knowledge
and understanding of provisions affecting entitlement to benefits;
participation in, and services rendered under, the Ticket-to-Work
program; education records (e.g., information pertaining to attendance,
dropout, graduation, courses, course completion, course performance,
offenses, exam performance, survey data, post-high school plans, and
college preparatory activities); criminal justice records (e.g., arrest
or prisoner records); program participation records; and for SSI
projects only, driver's license information and information concerning
alcohol and drug use.
RECORD SOURCE CATEGORIES:
We obtain information in this system of records from existing SSA
systems of records including, but not limited to: 60-0044, National
Disability Determination Services File; 60-0058, Master Files of Social
Security Number (SSN) Holders and SSN Applications; 60-0050, Completed
Determination Record--Continuing Disability Determinations; 60-0059,
Earnings Recording and Self-Employment Income System; 60-0089, Claims
Folder System; 60-0090, Master Beneficiary Record; 60-0103,
Supplemental Security Income Record and Special Veterans Benefits; 60-
0094, Recovery of Overpayments, Accounting and Reporting/Debt
Management System (ROAR/DMS); 60-0221, Vocational Rehabilitation
Reimbursement Case Processing System; 60-0295, Ticket-to-Work and Self-
Sufficiency Program Payment Database; 60-0300, Ticket-to-Work Program
Manager Management Information System; 60-0320, Electronic Disability
Claim File; and 60-0330, eWork.
We also obtain information from other sources including, but not
limited to: other Federal, State, and local agencies; surveys; the
individual to whom the record pertains; case service reports of
vocational rehabilitation (VR) agencies and referral and monitoring
agencies; employers; and contractors, cooperative awardees, or
grantees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
We will disclose records pursuant to the following routine uses;
however, we will not disclose any information defined as ``return or
return information'' under 26 U.S.C. 6103 of the IRC, unless authorized
by a statute, the Internal Revenue Service (IRS), or IRS regulations.
1. To the IRS, Department of the Treasury, for the purpose of
auditing SSA's compliance with the safeguard provisions of the IRC of
1986, as amended.
2. To student volunteers, individuals working under a personal
services contract, and other workers who technically do not have the
status of Federal employees, when they are performing work for us, as
authorized by law, and they need access to personally identifiable
information (PII) in our records in order to perform their assigned
agency functions.
3. To the National Archives and Records Administration (NARA) under
44 U.S.C. 2904 and 2906.
4. To the Secretary of Health and Human Services or to any State,
the Commissioner shall disclose any record of information requested in
writing by the Secretary, for the purpose of administering any program
administered by the Secretary, if records or information of such type
were so disclosed under applicable rules, regulations, and procedures
in effect before the date of enactment of the Social Security
Independence and Program Improvements Act of 1994.
5. To appropriate agencies, entities, and persons when:
(a) SSA suspects or has confirmed that there has been a breach of
the system of records;
(b) SSA has determined that, as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, SSA
(including its information systems, programs, and operations), the
Federal Government, or national security; and
(c) the disclosure made to such agencies, entities, and persons is
[[Page 16511]]
reasonably necessary to assist in connection with SSA's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
6. To another Federal agency or Federal entity, when we determine
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(a) responding to a suspected or confirmed breach; or
(b) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
7. To a congressional office in response to an inquiry from that
office made on behalf of, and at the request of, the subject of the
record or third party acting on the subject's behalf.
8. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We will disclose information under this routine use only in
situations in which SSA may enter into a contractual or similar
agreement to obtain assistance in accomplishing an SSA function
relating to this system of records.
9. To contractors, cooperative agreement awardees, State agencies,
Federal agencies, and Federal congressional support agencies for
research and statistical activities that are designed to increase
knowledge about present or alternative Social Security programs; are of
importance to the Social Security program or beneficiaries; or are for
an epidemiological project that relates to the Social Security program
or beneficiaries. We will disclose information under this routine use
pursuant only to a written agreement between the organization or agency
and SSA.
10. To the Office of the President, in response to an inquiry
received from that office made on behalf of, and at the request of, the
subject of record or a third party acting on the subject's behalf.
11. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
(a) to enable them to protect the safety of SSA employees and
customers, the security of our workplace and the operation of our
facilities, or
(b) to assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of our facilities.
12. To DOJ, a court or other tribunal, or another party before such
court or tribunal, when:
(a) SSA, or any component thereof; or
(b) any SSA employee in their official capacity; or
(c) any SSA employee in their individual capacity where DOJ (or SSA
where it is authorized to do so) has agreed to represent the employee;
or
(d) the United States or any agency thereof, where SSA determines
the litigation is likely to affect SSA or any of its components, is a
party to the litigation or has an interest in such litigation, and we
determine that the use of such records by DOJ, a court or other
tribunal, or another party before the tribunal, is relevant and
necessary to the litigation, provided, however, that in each case, we
determine that such disclosure is compatible with the purpose for which
the records were collected.
13. To third party contacts that may have information relevant to
determining the current contact information for a project participant,
when the agency has been unsuccessful in establishing contact.
14. To third parties, when an individual involved with a project
needs assistance to communicate because of a hearing impairment or a
language barrier exists (e.g., to interpreters, telecommunications
relay system operators).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
We will maintain records in this system in paper form and in
electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
We will retrieve records in this system by case number or SSN. We
will also retrieve records by other identifiers such as name; date of
birth; address; sex; and geographic, socioeconomic, demographic,
medical, and disability characteristics, as possible in specific file
structures for individual projects.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA rules codified at 36 CFR 1225.16, we
maintain records in accordance with the applicable sections of the
approved agency-specific records schedule, N1-047-09-05, Supplemental
Security Income Record, and approved NARA General Records Schedule
(GRS) 4.2, item 130 and GRS 5.2, item 020.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
We retain electronic and paper files with personal identifiers in
secure storage areas accessible only by our authorized employees and
contractors who have a need for the information when performing their
official duties. Security measures include the use of codes and
profiles, personal identification numbers and passwords, and personal
identification verification cards. We keep paper records in locked
cabinets within secure areas, with access limited to only those
employees who have an official need for access in order to perform
their duties. To the maximum extent consistent with the approved
research needs, we purge personal identifiers from micro-data files
prepared for purposes of research and subject these files to procedural
safeguards to assure anonymity.
We annually provide our employees and contractors with appropriate
security awareness training that includes reminders about the need to
protect PII and the criminal penalties that apply to unauthorized
access to, or disclosure of, PII (5 U.S.C. 552a(i)(1)). Furthermore,
employees and contractors with access to databases maintaining PII must
sign a sanctions document annually, acknowledging their accountability
for inappropriately accessing or disclosing such information.
RECORD ACCESS PROCEDURES:
Individuals may submit requests for notification of, or access to,
information about them contained in this system by submitting a written
request to the system manager at the above address, which includes
their name, SSN, or other information that may be in this system of
records that will identify them. Individuals requesting notification
of, or access to, a record by mail must include (1) a notarized
statement to verify their identity or (2) must certify in the request
that they are the individual they claim to be and that they understand
that the knowing and willful request for, or acquisition of, a record
pertaining to another individual under false pretenses is a criminal
offense.
Individuals requesting notification of, or access to, records may
also make an in-person request by providing their name, SSN, or other
information that may be in this system of records that will identify
them, as well as provide an identifying document, preferably with a
photograph, such as a driver's license. Individuals lacking
identification documents sufficient to establish their identity must
certify in writing that they
[[Page 16512]]
are the individual they claim to be and that they understand that the
knowing and willful request for, or acquisition of, a record pertaining
to another individual under false pretenses is a criminal offense.
These procedures are in accordance with our regulations at 20 CFR
401.40 and 401.45.
CONTESTING RECORD PROCEDURES:
Same as record access procedures. Individuals should also
reasonably identify the record, specify the information they are
contesting, and state the corrective action sought and the reasons for
the correction with supporting justification showing how the record is
incomplete, untimely, inaccurate, or irrelevant. These procedures are
in accordance with our regulations at 20 CFR 401.65(a).
NOTIFICATION PROCEDURES:
Same as record access procedures. These procedures are in
accordance with our regulations at 20 CFR 401.40 and 401.45.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
71 FR 1836, Disability Insurance and Supplemental Security Income
Demonstration Projects and Experiments System.
72 FR 69723, Disability Insurance and Supplemental Security Income
Demonstration Projects and Experiments System.
83 FR 54969, Disability Insurance and Supplemental Security Income
Demonstration Projects and Experiments System.
[FR Doc. 2023-05455 Filed 3-16-23; 8:45 am]
BILLING CODE 4191-02-P
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