Privacy Act of 1974; System of Records

Published date21 December 2018
Record Number2018-27665
CourtSocial Security Administration
Federal Register, Volume 83 Issue 245 (Friday, December 21, 2018)
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
                [Notices]
                [Pages 65779-65782]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2018-27665]
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                SOCIAL SECURITY ADMINISTRATION
                [Docket No. SSA-2018-0042]
                Privacy Act of 1974; System of Records
                AGENCY: Office of Retirement and Disability Policy, Office of Research,
                Demonstration, and Employment Support, Social Security Administration
                (SSA).
                ACTION: Notice of a New 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 establish a new system of records
                entitled the Disability Analysis File (DAF) and the National
                Beneficiary Survey (NBS) Data System, (60-0382). This notice publishes
                details of the system as set forth under the caption SUPPLEMENTARY
                INFORMATION.
                DATES: This system of records is effective upon its publication in
                today's Federal Register, with the exception of the routine uses, which
                are effective January 22, 2019. We invite public comment on the routine
                uses or other aspects of this system of records. In accordance with 5
                U.S.C. 552a(e)(4) and (e)(11), the public is given a 30-day period in
                which to submit comments. Please submit any comments by January 22,
                2019.
                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, Social Security Administration, Room G-401 West High Rise,
                6401 Security Boulevard, Baltimore, Maryland 21235-6401, or through the
                Federal e-Rulemaking Portal at http://www.regulations.gov, please
                reference docket number SSA-2018-0042. All comments we receive will be
                available for public inspection at the above address and we will post
                them to http://www.regulations.gov.
                FOR FURTHER INFORMATION CONTACT: Andrea Huseth, 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) 965-6868, email: andrea.huseth@ssa.gov and 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) 965-2950, email:
                tristin.dorsey@ssa.gov.
                SUPPLEMENTARY INFORMATION: The DAF is an analytical file consisting of
                agency program data in an easy-to-use format. Each year, we create a
                new version of the file. The DAF contains historical, longitudinal, and
                one-time data \1\ on all beneficiaries with disabilities who were
                between age 18 and retirement age and who participated in the Social
                Security Disability Insurance (SSDI) or Supplemental Security Income
                (SSI) programs at any time between 1996 and the year of the file. The
                file also includes data on SSI child beneficiaries who participated in
                the SSI program.
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                 \1\ Historical data provides characteristics about specific
                incidents that occurred in the past. Longitudinal data is
                information provided at intervals over time to indicate change over
                time, e.g., benefit amounts in each months from 1994 through the end
                of the file. One-time data provides information about a beneficiary
                that does not change over time, e.g., sex or date of birth.
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                 The NBS collects data from a national sample of SSDI and SSI
                beneficiaries, covering a wide range of topics including socio-
                demographic information, limiting conditions, health
                [[Page 65780]]
                and functional status, health insurance, interest in work, barriers to
                work, use of services, employment, income, and experience with Social
                Security programs including Ticket to Work.
                 In accordance with 5 U.S.C. 552a(r), we have provided a report to
                OMB and Congress on this new system of records.
                 Dated: October 1, 2018.
                Mary Zimmerman,
                Acting Executive Director, Office of Privacy and Disclosure, Office of
                the General Counsel.
                SYSTEM NAME AND NUMBER
                 Disability Analysis File (DAF) and the National Beneficiary Survey
                (NBS) Data System, 60-0382.
                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.
                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,
                [supcaret]ORDES_Controls@ssa.gov.
                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                 Sections 234, 1106, and 1110 of the Social Security Act (42 U.S.C.
                434, 1306, and 1310) and SSA Regulations (20 CFR part 401.165).
                PURPOSE(S) OF THE SYSTEM:
                 We use this system to perform research about SSDI and/or SSI
                beneficiaries. We may also grant outside researchers access to
                information in this system when conducting SSA-approved research.
                Internal and external researchers and statisticians use the data to
                perform in-depth research including, but not limited to, examining the
                medical, economic, and social consequences of limitations in work
                activity for individuals with disabilities and their families; program
                planning and evaluation; evaluation of proposals for policy and
                legislative changes; and, to determine the characteristics of program
                applicants and benefit recipients.
                CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
                 We maintain information about past, present, and potential
                beneficiaries (e.g., denied applicants) of SSDI and SSI, as well as
                State Vocational Rehabilitation programs.
                CATEGORIES OF RECORDS IN THE SYSTEM:
                 The categories of records in this system include name; Social
                Security number (SSN); socioeconomic data (e.g., education, work, and
                earnings); demographics, (e.g., date of birth, date of death, sex, and
                state of residence); medical characteristics, (e.g., number of
                limitations, self-reported health, mental health score); disability
                characteristics, (e.g. primary diagnosis code and dual eligibility);
                information concerning subjects, (e.g., health, self-reported health
                status, work experience, and family relationships); benefits, (e.g.,
                combined SSI and SSDI); and use of medical and rehabilitative services,
                (e.g., agency closure type and service use).
                RECORD SOURCE CATEGORIES:
                 We obtain information in this system from other SSA systems of
                records, including but not limited to 60-0050, Completed Determination
                Record--Continuing Disability Determinations; 60-0058, Master File of
                Social Security Number (SSN) Holders and SSN Applications; 60-0090,
                Master Beneficiary Record; 60-0103, Supplemental Security Income Record
                and Special Veterans Benefits; 60-0221, Vocational Rehabilitation
                Reimbursement Case Processing System; 60-0295, Ticket-to-Work and Self-
                Sufficiency Program Payment Database; and 60-0320, Electronic
                Disability (eDIB) Claim File.
                 The system also contains data from system of records 60-0059,
                Earnings Recording and Self-Employment Income System. Only SSA staff
                have access to data from the Earnings Recording and Self-Employment
                Income System.
                 We also obtain information in this system from other Federal
                agencies (e.g., the U.S. Census Bureau and U.S. Department of Education
                (e.g., the Rehabilitation Services Administration, for vocational
                rehabilitation program applicant or participant data)); surveys (e.g.,
                the National Beneficiary Survey); and other extramural research
                conducted under agreements, contracts, and grants between SSA and other
                agencies or entities.
                ROUTINE USES OF RECORDS COVERED IN THE SYSTEM, INCLUDING CATEGORIES OF
                USERS AND THE 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 Internal Revenue Code,
                unless authorized by statute, the Internal Revenue Service (IRS), or
                IRS regulations.
                 1. To contractors and 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 with a third party to assist in accomplishing an agency
                function relating to this system of records.
                 2. 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 the Social Security
                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
                with SSA.
                 3. To organizations and agencies that have been granted on-site
                access only to the DAF-NBS system for research and statistics
                activities that are designed to increase knowledge about present or
                alternative Social Security programs; are of importance to the Social
                Security program or the Social Security 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.
                 4. 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 SSA, as
                authorized by law, and they need access to personally identifiable
                information (PII) in SSA records in order to perform their assigned
                agency functions.
                 5. 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.
                 6. To the Office of the President, in response to an inquiry 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.
                 7. To the Department of Justice (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 his/her official capacity; or
                [[Page 65781]]
                 (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
                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 SSA
                determines 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, the
                agency determines that disclosure of the records to DOJ, court or other
                tribunal, or another party is a use of the information contained in the
                records that is compatible with the purpose for which the records were
                collected.
                 8. 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 in investigations or prosecutions with respect to
                activities that affect such safety and security or activities that
                disrupt the operation of SSA facilities.
                 9. To the National Archives and Records Administration (NARA) under
                44 U.S.C. 2904 and 2906.
                 10. 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
                reasonably necessary to assist in connections with SSA's efforts to
                respond to the suspected or confirmed breach or to prevent, minimize,
                or remedy such harm.
                 11. To another Federal agency or Federal entity, when the SSA
                determines 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.
                POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
                 We store data in paper form (e.g., questionnaire forms, computer
                printouts) and in electronic form (e.g., magnetic tape and disc).
                POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
                 We retrieve files by case number or SSN. We also retrieve files by
                socioeconomic, demographic, medical, and disability characteristics.
                POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
                 We retain records until 90 days old or no longer needed pursuant to
                supervisory authorization, whichever is appropriate, in accordance with
                the approved NARA General Records Schedule 4.2: Information Access and
                Protection Records (DAA-GRS-2013-0007-0012).
                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 number and password, 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.
                 In addition, all external researchers accessing information from
                the DAF-NBS system of records will be required to complete the
                appropriate security awareness training, which includes reminders about
                the need to protect PII and the criminal penalties that apply to
                unauthorized access to, or disclosure of, PII.
                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 are the individual they claim to be and
                that they understand that the knowing and willful request for,
                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.
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                HISTORY:
                 None.
                [FR Doc. 2018-27665 Filed 12-20-18; 8:45 am]
                 BILLING CODE 4191-02-P
                

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