Ssa Sorn 60-058 12/29/2010

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

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customer orders. The Cancellation Fee
would continue to apply to Professional
AON orders in all symbols, both Select
Symbols and non-Select Symbols, and it
would continue to not apply to any
other type of Professional order.
The Exchange recently amended the
Fee Schedule to remove the
Cancellation Fee for customer orders in
the Select Symbols.6 The Exchange
believes the Cancellation Fee is no
longer required for customers to cover
the cost of system utilization. In
addition, the requirement to mark
Professional orders has also alleviated
some of the capacity issues that resulted
from customer cancel orders.7 The
Exchange believes that removing the
Cancellation Fee for customer orders is
appropriate because the concerns with
system congestion have been alleviated
by the requirement to mark Professional
orders.
While changes to the Exchange’s Fee
Schedule pursuant to this proposal are
effective upon filing, the Exchange has
designated this proposal to be operative
for trades occurring on or after January
3, 2011.
2. Statutory Basis
The Exchange believes that its
proposal to amend its Fee Schedule is
consistent with Section 6(b) of the Act 8
in general, and furthers the objectives of
Section 6(b)(4) of the Act9 in particular,
in that it is an equitable allocation of
reasonable fees and other charges among
Exchange members and other persons
using its facilities. The Exchange
believes that the proposed amendments
to the customer Cancellation Fee are
reasonable because they are no longer
required to recover costs associated with
excessive order cancellation activity.
The Exchange believes that there should
not be increased system congestion as a
result of removing the customer
Cancellation Fee.
The Exchange believes that the
Cancellation Fee is still necessary with
respect to Professional AON orders
because those orders are treated as
customer orders for purposes of priority.
Member organizations must indicate
whether orders are for Professionals.
The Exchange believes that this
requirement to mark an order as
Professional has shifted the source of
the system congestion from customer
orders to Professional AON orders.
6 See Securities Exchange Act Release No. 63252
(November 5, 2010), 75 FR 69486 (November 12,
2010) (SR–Phlx–2010–150).
7 See Securities Exchange Act Release No. 61802
(April 5, 2010), 75 FR 17193 (March 30, 2010) (SR–
Phlx–2010–05).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).

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Continuing to assess a Cancellation Fee
for Professional AON orders in all
symbols should continue to ease system
congestion and allow the Exchange to
recover costs associated with excessive
order cancellation activity.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 10 and
paragraph (f)(2) of Rule 19b–4 11
thereunder. At any time within 60 days
of the filing of the proposed rule change,
the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2010–179 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–010–179. This file
number should be included on the
10 15
11 17

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U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b-4(f)(2).

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subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the
submission,12 all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx2010–179 and should be submitted on
or January 19, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–32729 Filed 12–28–10; 8:45 am]
BILLING CODE 8011–01–P

SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974, as Amended;
Proposed Routine Use
AGENCY:

Social Security Administration

(SSA).
ACTION:

Proposed routine use.

In accordance with the
Privacy Act (5 U.S.C. 552a(e)(4) and
(e)(11)), we are issuing public notice of
our intent to add a new routine use to
our system of records entitled Master
Files of Social Security Number (SSN)
Holders and SSN Applications, 60–0058
(the Enumeration System). The routine

SUMMARY:

12 The text of the proposed rule change is
available on Exchange’s Web site at http://
nasdaqtrader.com/micro.aspx?id=PHLXfilings, on
the Commission’s Web site at http://www.sec.gov, at
Phlx, and at the Commission’s Public Reference
Room.
13 17 CFR 200.30–3(a)(12).

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use to the Enumeration System will
allow us, upon request of the
Department of Health and Human
Services (HHS), Department of
Agriculture’s National Finance Center
(NFC), Office of Personnel Management
(OPM), and the States, or the States’
respective contractors or agents that
administer the Pre-existing Condition
Insurance Plan (PCIP) to verify the
name, SSN, and date of birth, and
confirm whether citizenship allegations
match information in our records for the
purposes of determining eligibility for
PCIP.
We discuss the routine use in greater
detail in the SUPPLEMENTARY
INFORMATION section below. We invite
public comment on this proposal.
DATES: We filed a report of the routine
use with the Chairman of the Senate
Committee on Homeland Security and
Governmental Affairs, the Chairman of
the House Committee on Oversight and
Government Reform, and the Director,
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB) on December 17, 2010.
The routine use will become effective
January 26, 2011 unless we receive
comments before that date that require
further consideration.
ADDRESSES: Interested persons may
comment on this publication by writing
to the Acting Executive Director, Office
of Privacy and Disclosure, Office of the
General Counsel, Social Security
Administration, Room 3–A–6
Operations Building, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401 or through the Federal eRulemaking Portal at http://
www.regulations.gov. All comments we
receive will be available for public
inspection at the above address and will
be posted to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Anthony Tookes, Management Analyst,
Disclosure Policy Development and
Services Division 2, Office of Privacy
and Disclosure, Office of the General
Counsel, Social Security
Administration, 3–A–6 Operations
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401,
telephone: (410) 966–0097, e-mail:
anthony.tookes@ssa.gov.

will operate and be in effect from June
21, 2010 until January 1, 2014, when
each State will have established an
American Health Benefit Exchange. The
PCIP is a temporary health insurance
program that will provide immediate
access to insurance for uninsured
persons with a pre-existing condition.
HHS is responsible for overall
administration of the PCIP, but may
carry out the program through contracts
with the States and nonprofit entities.
For those States that have opted not to
contract with HHS to establish their
own program under the PCIP, HHS has
delegated PCIP eligibility determination
authority to NFC and OPM.
Under the Affordable Care Act, we
must verify certain information upon
request from HHS, States, or their
respective contractors or agents. We will
verify each applicant’s name, SSN, and
date of birth, and confirm whether
allegations of citizenship match
information in our records. HHS, NFC,
OPM, and the States, or the States’
respective contractors or agents
administering the PCIP, are responsible
for resolving any information
discrepancies with the applicant. If
there is a discrepancy with the
allegation of citizenship in our records,
NFC, the States, or the States’ respective
contractors or agents, will notify the
applicant or HHS of the discrepancy. If
we cannot confirm citizenship, HHS,
NFC, the States, or the States’ respective
contractors or agents, will verify
citizenship with the Department of
Homeland Security.

SUPPLEMENTARY INFORMATION:

To the Department of Health and Human
Services, Department of Agriculture’s
National Finance Center, Office of Personnel
Management, and the States or the States’
respective contractors or agents charged with
administering the Pre-existing Condition
Insurance Program (PCIP), to verify personal
identification data (i.e., name, SSN, and date
of birth) and to confirm citizenship status
information in our records to assist these
entities in determining applicants’
entitlement to benefits under the PCIP.

I. Background and Purpose of the
Routine Use
A. Disclosure of Citizenship Data for the
Pre-existing Condition Insurance Plan
On March 23, 2010, President Obama
signed into law the Affordable Care Act
of 2010 (Pub. L. 111–148), which
requires HHS to establish a PCIP that

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II. Proposed New Routine Use
A. Pre-existing Condition Insurance
Plan
The Privacy Act requires that agencies
publish in the Federal Register,
notification of ‘‘each routine use of the
records contained in the system,
including the categories of users and the
purpose of such use.’’ 5 U.S.C.
552a(e)(4)(D). This new routine use,
numbered 44, for the Enumeration
System, will allow disclosure to HHS,
NFC, OPM, and the States, or the States’
contractors or agents charged with
administering the PCIP. The routine use
reads as follows:

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III. Compatibility of Routine Use
We may disclose information when
the purpose is compatible with the
purpose for which we collected the
information and when re-disclosure is
supported by published routine uses
(20 CFR 401.150). HHS, NFC, OPM, and
the States or the States’ respective
contractors or agents will use the
information to assist them in
determining new applicants’
entitlement to the benefits under the
PCIP. We will assist these entities in
implementing the PCIP, in order to
detect and deter conduct that violates
section 208(a)(7) of the Social Security
Act, and support the effective and
efficient administration of PCIP by
providing verification services and
citizenship status information to these
entities and their contractors or agents
via this routine use. For these reasons,
we find that providing SSN verification
and citizenship confirmation services to
HHS, NFC, OPM, States, or their
respective contractors or agents that
administer the PCIP, satifies both the
statutory and regulatory compatibility
requirements.
IV. Effect of the Routine Use on the
Rights of Persons
With this routine use, we can verify
identification data for HHS, NFC, OPM,
the States, or the States’ respective
contractors or agents. They will use the
data to assist them in determining
applicants’ entitlement to benefits
provided by PCIP. We will adhere to all
applicable statutory requirements for
disclosure, including those under the
Social Security Act and the Privacy Act.
We will disclose SSN verification
information, including confirming
citizenship status information in our
records, to HHS, NFC, OPM, the States,
or the States’ respective contractors or
agents, under written agreements that
stipulate that they will collect, verify,
and re-disclose SSNs and related data
only as provided for by Federal law. We
will also safeguard from unauthorized
access the data we receive from these
entities. Thus, we do not anticipate that
the routine use will have any
unwarranted adverse effect on the rights
of persons about whom we will disclose
information.

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Dated: December 14, 2010.
Michael J. Astrue,
Commissioner.

Social Security Administration
Notice of Proposed New Routine Use;
Required by the Privacy Act of 1974, as
Amended
System Number: 60–0058
SYSTEM NAME:

Master Files of Social Security
Number (SSN) Holders and SSN
Applications, Social Security
Administration (SSA).
SECURITY CLASSIFICATION:

None.
SYSTEM LOCATION:

SSA, Office of Telecommunications
and Systems Operations, 6401 Security
Boulevard, Baltimore, Maryland 21235.
CATEGORIES OF PERSONS COVERED BY THE
SYSTEM:

This system contains a record of each
person who has applied for, and to
whom we have assigned, a Social
Security number (SSN). This system
also contains records of each person
who applied for an SSN, but to whom
we did not assign one, for one of the
following reasons: (1) His or her
application was supported by
documents that we suspect may be
fraudulent and we are verifying the
documents with the issuing agency;
(2) we have determined the person
submitted fraudulent documents; (3) we
do not suspect fraud, but we need to
further verify information the person
submitted or we need additional
supporting documents; or (4) we have
not yet completed processing the
application.

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CATEGORIES OF RECORDS IN THE SYSTEM:

We collect applications for SSNs. This
system contains all of the information
we received on the applications for
SSNs (e.g., name, date and place of
birth, sex, both parents’ names, and
race/ethnicity data). If the application
for an SSN is for a person under the age
of 18, we also maintain the SSNs of the
parents. The system also contains:
• Changes in the information on the
applications the SSN holders submit;
• Information from applications
supported by evidence we suspect or
determine to be fraudulent, along with
the mailing addresses of the persons
who filed such applications and
descriptions of the documentation they
submitted;
• Cross-references when multiple
numbers have been issued to the same
person;

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• A form code that identifies the
Form SS–5 (Application for a Social
Security Card Number) as the
application the person used for the
initial issuance of an SSN, or for
changing the identifying information
(e.g., a code indicating original issuance
of the SSN, or that we assigned the
person’s SSN through our enumeration
at birth program);
• A citizenship code that identifies
the number holder’s status as a U.S.
citizen or the work authorization of a
non-citizen;
• A special indicator code that
identifies types of questionable data or
special circumstances concerning an
application for an SSN (e.g., false
identity; illegal alien; scrambled
earnings);
• An indication that an SSN was
assigned based on harassment, abuse, or
life endangerment; and
• An indication that a person has
filed a benefit claim under a particular
SSN.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sections 205(a) and 205(c)(2) of the
Social Security Act (42 U.S.C. 405(a)
and 405(c)(2)).
PURPOSE:

We use information in this system to
assign SSNs and for a number of
administrative purposes:
• For various Old Age, Survivors, and
Disability Insurance, Supplemental
Security Income, and Medicare/
Medicaid claims purposes, including
using the SSN itself as a case control
number, as a secondary beneficiary
cross-reference control number for
enforcement purposes, for verification
of claimant identity factors, and for
other claims purposes related to
establishing benefit entitlement;
• To prevent the processing of an
SSN card application for a person
whose application we identified was
supported by evidence that either:
Æ We suspect may be fraudulent and
we are verifying evidence; or
Æ We determined to be fraudulent
information.
We alert our offices when an
applicant who attempts to obtain an
SSN card visits other offices to find one
that might unknowingly accept
fraudulent documentation;
• As a basic control for retained
earnings information;
• As a basic control and data source
to prevent us from issuing multiple
SSNs;
• As a means to identify reported
names or SSNs on earnings reports;
• For resolution of earnings
discrepancy cases; and

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• For statistical studies.
The information also is provided to:
• Our Office of the Inspector General,
Office of Audit, for auditing benefit
payments under Social Security
programs;
• The Department of Health and
Human Services (DHHS), Office of Child
Support Enforcement, for locating
parents who owe child support;
• The National Institute of
Occupational Safety and Health for
epidemiological research studies
required by the Occupational Safety and
Health Act of 1974;
• The DHHS Office of Refugee
Resettlement for administering Cuban
refugee assistance payments;
• The DHHS Centers for Medicare
and Medicaid Services (CMS) for
administering Titles XVIII and XIX
claims;
• The Secretary of the Treasury for
use in administering those provisions of
the Internal Revenue Code of 1986 (IRC)
that grant tax benefits based on support
for or residence of children. The IRC
provisions apply specifically to SSNs
that parents provide to us on
applications for persons who are not yet
age 18.
ROUTINE USES OF RECORDS COVERED BY THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

Routine use disclosures are as
indicated below; however, we will not
disclose any information defined as
‘‘return or return information’’ under 26
U.S.C. 6103 of the Internal Revenue
Code, unless authorized by statute, the
Internal Revenue Service (IRS), or IRS
regulations.
1. To employers in order to complete
their records for reporting wages to us
pursuant to the Federal Insurance
Contributions Act and section 218 of the
Social Security Act.
2. To Federal, State, and local entities
to assist them with administering
income maintenance and healthmaintenance programs, when a Federal
statute authorizes them to use the SSN.
3. To the Department of Justice (DOJ),
Federal Bureau of Investigation and
United States Attorney’s Offices, and to
the Department of Homeland Security,
United States Secret Service, for
investigating and prosecuting violations
of the Social Security Act.
4. To the Department of Homeland
Security, United States Citizenship and
Immigration Services, for identifying
and locating aliens in the United States
pursuant to requests received under
section 290(b) of the Immigration and
Nationality Act (8 U.S.C. 1360(b)).
5. To a contractor for the purpose of
collating, evaluating, analyzing,

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aggregating, or otherwise refining
records. We require the contractor to
maintain Privacy Act safeguards with
respect to such records.
6. To the Railroad Retirement Board
to:
(a) Administer provisions of the
Railroad Retirement and Social Security
Act relating to railroad employment;
and
(b) Administer the Railroad
Unemployment Insurance Act.
7. To the Department of Energy for its
epidemiological research study of the
long-term effects of low-level radiation
exposure, as permitted by our
regulations at 20 CFR 401.150(c).
8. To the Department of the Treasury
for:
(a) Tax administration as defined in
section 6103 of the IRC (26 U.S.C. 6103);
(b) Investigating the alleged theft,
forgery, or unlawful negotiation of
Social Security checks; and
(c) Administering those sections of
the IRC that grant tax benefits based on
support or residence of children. As
required by section 1090(b) of the
Taxpayer Relief Act of 1997, Public Law
105–34, this routine use applies
specifically to the SSNs of parents
shown on an application for an SSN for
a person who has not yet attained age
18.
9. To a congressional office in
response to an inquiry from that office
made at the request of the subject of a
record or a third party on that person’s
behalf.
10. To the Department of State for
administering the Social Security Act in
foreign countries through its facilities
and services.
11. To the American Institute, a
private corporation under contract to
the Department of State, for
administering the Social Security Act on
Taiwan through facilities and services of
that agency.
12. To the Department of Veterans
Affairs (DVA), Regional Office, Manila,
Philippines, for administering the Social
Security Act in the Philippines and
other parts of the Asia-Pacific region
through facilities and services of the
DVA, Manila.
13. To the Department of Labor for:
(a) Administering provisions of the
Black Lung Benefits Act; and
(b) Conducting studies of the
effectiveness of training programs to
combat poverty.
14. To Department Veterans Affairs:
(a) To validate SSNs of compensation
recipients/pensioners so that DVA can
release accurate pension/compensation
data to us for Social Security program
purposes; and
(b) Upon request, for purposes of
determining eligibility for, or amount of

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DVA benefits, or verifying other
information with respect thereto.
15. To Federal agencies that use the
SSN as a numerical identifier in their
recordkeeping systems for the purpose
of validating SSNs.
16. To DOJ, a court, other tribunal, or
another party before such court or
tribunal when:
(a) SSA or any of our components; or
(b) Any SSA employee in his or her
official capacity; or
(c) Any SSA employee in his or her
individual capacity when DOJ (or SSA
when we are authorized to do so) has
agreed to represent the employee; or
(d) The United States or any agency
thereof when we determine that the
litigation is likely to affect the
operations of SSA or any of our
components, is party to litigation or has
an interest in such litigation, and we
determine that the use of such records
by DOJ, a court, other tribunal, or
another party before such court or
tribunal is relevant and necessary to the
litigation. In each case, however, we
must determine that such disclosure is
compatible with the purpose for which
we collected the records.
17. To State audit agencies for
auditing State supplementation
payments and Medicaid eligibility
considerations.
18. To the Social Security agency of
a foreign country to carry out the
purpose of an international Social
Security agreement entered into
between the United States and the other
country, pursuant to section 233 of the
Social Security Act.
19. To Federal, State, or local agencies
(or agents on their behalf) for the
purpose of validating SSNs those
agencies use to administer cash or noncash income maintenance programs or
health maintenance programs, including
programs under the Social Security Act.
20. To third party contacts (e.g., State
bureaus of vital statistics and the
Department of Homeland Security) that
issue documents to persons when the
third party has, or is expected to have,
information that will verify documents
when we are unable to determine if
such documents are authentic.
21. To DOJ, Criminal Division, Office
of Special Investigations, upon receipt
of a request for information pertaining
to the identity and location of aliens for
the purpose of detecting, investigating,
and, when appropriate, taking legal
action against suspected Nazi war
criminals in the United States.
22. To the Selective Service System
for the purpose of enforcing draft
registration pursuant to the provisions
of the Military Selective Service Act (50

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U.S.C. App. 462, as amended by section
916 of Pub. L. 97–86).
23. To contractors and other Federal
agencies, as necessary, to assist us in
efficiently administering our programs.
24. To organizations or agencies, such
as prison systems, required by Federal
law to furnish us with validated SSN
information.
25. To the General Services
Administration and the National
Archives and Records Administration
(NARA) under 44 U.S.C. 2904 and 2906,
as amended by the NARA Act of 1984,
information that is not restricted from
disclosure by Federal law for their use
in conducting records management
studies.
26. To DVA or third parties under
contract to DVA to disclose SSNs and
dates of birth for the purpose of
conducting DVA medical research and
epidemiological studies.
27. To the Office of Personnel
Management (OPM) upon receipt of a
request from that agency in accordance
with 5 U.S.C. 8347(m)(3), to disclose
SSN information when OPM needs the
information to administer its pension
program for retired Federal Civil Service
employees.
28. To the Department of Education,
upon request, to verify SSNs that
students provide to postsecondary
educational institutions, as required by
Title IV of the Higher Education Act of
1965 (20 U.S.C. 1091).
29. To student volunteers, persons
working under a personal services
contract, and others, when they need
access to information in our records in
order to perform their assigned agency
duties.
30. To Federal, State, and local law
enforcement agencies and private
security contractors, as appropriate,
information necessary:
(a) To enable them to ensure the
safety of our employees and customers,
the security of our workplace, and the
operation of our facilities; or
(b) To assist investigations or
prosecutions with respect to activities
that affect such safety and security or
activities that disrupt the operation of
our facilities.
31. To recipients of erroneous Death
Master File (DMF) information, to
disclose corrections to information that
resulted in erroneous inclusion of
persons in the DMF.
32. To State vital records and
statistics agencies, the SSNs of newborn
children for administering public health
and income maintenance programs,
including conducting statistical studies
and evaluation projects.
33. To State motor vehicle
administration agencies (MVA), and to

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State agencies charged with
administering State identification card
programs (ICP) for the public, to verify
names, dates of birth, and Social
Security numbers on those persons who
apply for, or for whom the State issues,
driver’s licenses or State identification
cards.
34. To entities conducting
epidemiological or similar research
projects, upon request, pursuant to
section 1106(d) of the Social Security
Act (42 U.S.C. 1306(d)), to disclose
information as to whether a person is
alive or deceased, provided that:
(a) We determine, in consultation
with the Department of Health and
Human Services, that the research may
reasonably be expected to contribute to
a national health interest;
(b) The requester agrees to reimburse
us for the costs of providing the
information; and
(c) The requester agrees to comply
with any safeguards and limitations we
specify regarding re-release or redisclosure of the information.
35. To employers in connection with
a pilot program, conducted with the
Department of Homeland Security
under 8 U.S.C. 1324a(d)(4), to test
methods of verifying that persons are
authorized to work in the United States.
We will inform an employer
participating in such pilot program that
the identifying data (SSN, name, and
date of birth) furnished by an employer
concerning a particular employee
match, or do not match, the data
maintained in this system of records,
and when there is such a match, that
information in this system of records
indicates that the employee is, or is not,
a citizen of the United States.
36. To a State Bureau of Vital
Statistics (BVS) that is authorized by
States to issue electronic death reports
when the State BVS requests that we
verify the SSN of a person on whom the
State will file an electronic death report
after we verify the SSN.
37. To the Department of Defense
(DOD) to disclose validated SSN
information and citizenship status
information for the purpose of assisting
DOD in identifying those members of
the Armed Forces and military enrollees
who are aliens or non-citizen nationals
who may qualify for expedited
naturalization or citizenship processing.
These disclosures will be made
pursuant to requests made under section
329 of the Immigration and Nationality
Act, 8 U.S.C. 1440, as executed by
Executive Order 13269.
38. To a Federal, State, or
congressional support agency (e.g.,
Congressional Budget Office and the
Congressional Research Staff in the

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Library of Congress) for research,
evaluation, or statistical studies. Such
disclosures include, but are not limited
to, release of information in assessing
the extent to which one can predict
eligibility for Supplemental Security
Income (SSI) payments or Social
Security disability insurance benefits; in
examining the distribution of Social
Security benefits by economic and
demographic groups and how these
differences might be affected by possible
changes in policy; analyzing the
interaction of economic and noneconomic variables affecting entry and
exit events and duration in the Title II
Old Age, Survivors, and Disability
Insurance and the Title XVI SSI
disability programs; and, analyzing
retirement decisions focusing on the
role of Social Security benefit amounts,
automatic benefit recomputation, the
delayed retirement credit, and the
retirement test, but only after we:
(a) Determine that the routine use
does not violate legal limitations under
which the record was provided,
collected, or obtained;
(b) Determine that the purpose for
which the proposed use is to be made:
i. Cannot reasonably be accomplished,
unless the record is provided in a form
that identifies persons; and
ii. Is of sufficient importance to
warrant the effect on, or risk to, the
privacy of the person by such limited
additional exposure of the record;
iii. Has reasonable probability that the
objective of the use would be
accomplished;
iv. Is of importance to the Social
Security program or Social Security
beneficiaries; or
v. Is of importance to the Social
Security program or Social Security
beneficiaries or is for an
epidemiological research project that
relates to the Social Security program or
beneficiaries;
(c) Require the recipient of
information to:
vi. Establish appropriate
administrative, technical, and physical
safeguards to prevent unauthorized use
or disclosure of the record and agree to
on-site inspection by SSA’s personnel,
its agents, or by independent agents of
the recipient agency of those safeguards;
vii. Remove or destroy the identifying
information at the earliest time
consistent with the purpose of the
project, unless the recipient receives
written authorization from SSA that it is
justified, based on research objectives,
for retaining such information;
viii. Make no further use of the
records except:
(1) Under emergency circumstances
affecting the health and safety of any

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person, following written authorization
from us; or
(2) For disclosure to an identified
person approved by us for the purpose
of auditing the research project;
ix. Keep the data as a system of
statistical records (a statistical record is
one which is maintained only for
statistical and research purposes, and
which is not used to make any
determination about a person);
(d) Secure a written statement by the
recipient of the information attesting to
the recipient’s understanding of, and
willingness to abide by, these
provisions.
39. To State and Territory MVA
officials (or agents or contractors on
their behalf), and to State and Territory
chief election officials to verify the
accuracy of information the State agency
provides with respect to applications for
voter registration, when the applicant
provides the last four digits of the SSN
instead of a driver’s license number.
40. To State and Territory MVA
officials (or agents or contractors on
their behalf), and to State and Territory
chief election officials, under the
provisions of section 205(r)(8) of the
Social Security Act (42 U.S.C. 405(r)(8)),
to verify the accuracy of information the
State agency provides with respect to
applications for voter registration for
those persons who do not have a
driver’s license number:
(a) When the applicant provides the
last four digits of the SSN, or
(b) When the applicant provides the
full SSN, in accordance with section 7
of the Privacy Act (5 U.S.C. 552a note),
as described in section 303(a)(5)(D) of
the Help America Vote Act of 2002. (42
U.S.C. 15483(a)(5)(D))
41. To the Secretary of Health and
Human Services, or to any State, any
record or information requested in
writing by the Secretary for the purpose
of administering any program
administered by the Secretary, if we
disclosed records or information of such
type under applicable rules, regulations,
and procedures in effect before the date
of enactment of the Social Security
Independence and Program
Improvements Act of 1994.
42. To the appropriate Federal, State,
and local agencies, entities, and persons
when: (1) We suspect or confirm that
the security or confidentiality of
information in this system of records
has been compromised; (2) we find, as
a result of the suspected or confirmed
compromise, a risk of harm to economic
or property interests, risk of identity
theft or fraud, or harm to the security or
integrity of this system or our other
systems or programs that rely upon the
compromised information; and (3) we

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

determine that disclosing the
information to such agencies, entities,
and persons is necessary to assist in our
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
43. To State agencies charged with
administering Medicaid and the
Children’s Health Insurance Program
(CHIP) to verify personal identification
data (e.g., name, SSN, and date of birth)
and to disclose citizenship status
information to assist them in
determining new applicants’
entitlement to benefits provided by the
CHIP.
44. To the Department of Health and
Human Services, Department of
Agriculture’s National Finance Center,
Office of Personnel Management, the
States, or the States’ respective
contractors or agents charged with
administering the Pre-existing
Condition Insurance Program (PCIP) to
verify personal identification data (e.g.,
name, SSN, and date of birth) and to
confirm citizenship status information
in our records to assist these agencies
with determining applicants’
entitlement to benefits under PCIP.

administering our programs under
contractual agreements, transmit
information electronically between
Central Office and Field Office
locations. Safeguards include a lock/
unlock password system, exclusive use
of leased telephone lines, a terminaloriented transaction matrix, and an
audit trail. Only authorized personnel
who have a need for the records in the
performance of their official duties may
access microfilm, microfiche, and paper
files.
We annually provide to all our
employees and contractors appropriate
security guidance and training that
include reminders about the need to
protect personally identifiable
information and the criminal penalties
that apply to unauthorized access to, or
disclosure of, personally identifiable
information. See 5 U.S.C. 552a(i)(1).
Furthermore, employees and contractors
with access to databases maintaining
personally identifiable information must
sign a sanction document annually,
acknowledging their accountability for
inappropriately accessing or disclosing
such information.

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

We retain most paper forms only until
we film and verify them for accuracy.
We then shred the paper records. We
retain electronic and updated microfilm
and microfiche records indefinitely. We
update all tape, discs, microfilm, and
microfiche files periodically. We erase
out-of-date magnetic tapes and discs
and we shred out-of-date microfiches.

STORAGE:

We maintain records in this system in
paper form (Forms SS–5 (Application
for a Social Security Card), and system
generated forms); magnetic media
(magnetic tape and disc with on-line
access); in microfilm and microfiche
form; and on electronic files
(NUMIDENT and Alpha-Index).
RETRIEVABILITY:

We will retrieve records by both SSN
and name. If we deny an application
because the applicant submitted
fraudulent evidence, or if we are
verifying evidence we suspect to be
fraudulent, we will retrieve records
either by the applicant’s name plus
month and year of birth, or by the
applicant’s name plus the eleven-digit
reference number of the disallowed
application.

srobinson on DSKHWCL6B1PROD with NOTICES

SAFEGUARDS:

We have established safeguards for
automated records in accordance with
our Systems Security Handbook. These
safeguards include maintaining the
magnetic tapes and discs within a
secured enclosure attended by security
guards. Anyone entering or leaving this
enclosure must have a special badge we
issue only to authorized personnel.
For computerized records, we or our
contractors, including organizations

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RETENTION AND DISPOSAL:

SYSTEM MANAGER AND ADDRESS:

Director, Division of Enumeration
Verification and Death Alerts, Office of
Earnings, Enumeration, and
Administrative Systems, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235.
NOTIFICATION PROCEDURES:

Persons can determine if this system
contains a record about them by writing
to the system manager at the above
address and providing their name, SSN,
or other information that may be in this
system of records that will identify
them. Persons requesting notification by
mail must include a notarized statement
to us to verify their identity or must
certify in the request that they are the
person they claim to be and that they
understand that the knowing and willful
request for, or acquisition of, a record
pertaining to another person under false
pretenses is a criminal offense.
Persons requesting notification of
records in person must provide their
name, SSN, or other information that
may be in this system of records that

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will identify them, as well as provide an
identity document, preferably with a
photograph, such as a driver’s license.
Persons lacking identification
documents sufficient to establish their
identity must certify in writing that they
are the person they claim to be and that
they understand that the knowing and
willful request for, or acquisition of, a
record pertaining to another person
under false pretenses is a criminal
offense.
Persons requesting notification by
telephone must verify their identity by
providing identifying information that
parallels the information in the record
about which notification is sought. If we
determine that the identifying
information the person provides by
telephone is insufficient, we will
require the person to submit a request
in writing or in person. If a person
requests information by telephone on
behalf of another person, the subject
person must be on the telephone with
the requesting person and with us in the
same phone call. We will establish the
subject person’s identity (his or her
name, SSN, address, date of birth, and
place of birth, along with one other
piece of information such as mother’s
maiden name), and ask for his or her
consent to provide information to the
requesting person. These procedures are
in accordance with our regulations at 20
CFR 401.40 and 401.45.
RECORD ACCESS PROCEDURES:

Same as notification procedures.
Persons must also reasonably specify
the record contents they are seeking.
These procedures are in accordance
with our regulations at 20 CFR
401.40(c).
CONTESTING RECORD PROCEDURES:

Same as notification procedures.
Persons must also reasonably identify
the record, specify the information they
are contesting, and state the corrective
action sought and the reasons for the
correction, with supporting justification
showing how the record is incomplete,
untimely, inaccurate, or irrelevant.
These procedures are in accordance
with our regulations at 20 CFR
401.65(a).
RECORD SOURCE CATEGORIES:

We obtain information in this system
from SSN applicants (or persons acting
on their behalf).
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
[FR Doc. 2010–32565 Filed 12–28–10; 8:45 am]
BILLING CODE P

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