[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 12072-12074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04084]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2020-0007]


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, we are issuing public 
notice of our intent to modify an existing system of records entitled, 
Travel and Border Crossing Records (60-0389), last published on March 
3, 2019. This notice publishes details of the modified system as set 
forth 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 
routine uses, which are effective March 31, 2021. We invite public 
comment on the routine uses or other aspects of this SORN. 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. Therefore, please submit any 
comments by March 31, 2021.

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 http://www.regulations.gov. Please reference docket number 
SSA-2020-0007. 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: Navdeep Sarai, 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: [email protected].

SUPPLEMENTARY INFORMATION: We are modifying the system manager to 
include up-to-date contact information per OMB Circular A-108, 
``Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act.'' We are modifying the policies and 
practices for retention and disposal of records to include the National 
Archives and Records Administration (NARA) General Records Schedule 
(GRS) 4.2 Information Access and Protection Records, Item 130, 
Personally Identifiable Information Extracts. Lastly, we are modifying 
the notice throughout to correct miscellaneous stylistic formatting and 
typographical errors of the previously published notice to ensure the 
language reads consistently across multiple systems. We are 
republishing the entire notice for ease of reference.
    In an effort to mitigate improper payments, we established the 
Travel and Border Crossing Records to collect information about 
applicants, beneficiaries, and recipients under Titles II, XVI, and 
XVIII who are or have been absent from the United States (U.S.) for 
certain periods of time. Generally, we rely on individuals to self-
report their foreign travel. Oftentimes, we do not receive these 
reports or we receive them untimely, which results in improper 
payments. In general, we suspend Title II benefits to aliens who remain 
outside of the U.S. for more than six consecutive calendar months. We 
generally suspend Title II benefits to both U.S. citizens and non-U.S. 
citizens who travel to a country where payment is restricted by the 
U.S. Additionally, we suspend Title XVI payments to both citizen and 
non-citizen recipients who are outside of the U.S. for a full calendar 
month or 30 consecutive days or longer. SSA is not responsible for 
making Title XVIII payment determinations on claims for services 
submitted to the Centers for Medicare and Medicaid Services. However, 
the information collected in this system will be used for two purposes 
relating to Title XVIII. First, because Medicare enrollment criteria 
requires residence in the U.S., SSA will use this information to make 
initial and reconsideration decisions on Medicare entitlement claims. 
Second, SSA will use this information to make determinations on 
physical presence in the U.S. and will update the Master Beneficiary 
Record (MBR) system of records with those determinations. The Centers 
for Medicare and Medicaid Services may use information from the MBR in 
making decisions on whether a Medicare claim can be paid.
    In accordance with 5 U.S.C. 552a(r), we 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
    Travel and Border Crossing Records, 60-0389.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Social Security Administration, Deputy Commissioner of Operations, 
Office of Electronic Services and Technology, Division of Programmatic 
Applications, 6401 Security Boulevard, Baltimore, MD 21235.

SYSTEM MANAGER(S):
    Social Security Administration, Deputy Commissioner of Operations, 
Office of Electronic Services and Technology, Division of Programmatic 
Applications, 6401 Security Boulevard, Baltimore, MD 21235, 410-965-
5855

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 202(n), (t), and (y), 1611(f), 1818 and 1836 of the Social 
Security Act (42 U.S.C. 402(n), (t), and (y), 1382(f), 1395i-2, and 
1395o); 8 U.S.C. 1373(c).

PURPOSE(S) OF THE SYSTEM:
    We will use the information in this system to identify applicants, 
beneficiaries, and recipients under Titles II, XVI, and XVIII of the 
Social Security Act who have had absences from the U.S. to establish or 
verify initial or ongoing entitlement to or eligibility for benefits or 
payments under Titles II, XVI, and XVIII of the Social Security Act.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants, recipients, and beneficiaries under Titles II, XVI, and 
XVIII of the Social Security Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains information collected about applicants, 
recipients, or beneficiaries under Titles II, XVI, and XVIII of the 
Social Security Act who have had absences from the U.S. The information 
may include name, Social Security number (SSN), date of birth, gender, 
country of citizenship, country of travel, deportation information, 
alien registration number, immigration document type and number, travel 
mode, date and time of departure from

[[Page 12073]]

the U.S., and date and time of arrival into the U.S.

RECORD SOURCE CATEGORIES:
    We obtain information in this system from applicants, recipients, 
and beneficiaries under Titles II, XVI and XVIII of the Social Security 
Act, and from the Department of Homeland Security, Customs and Border 
Protection's Arrival and Departure Information System under established 
data exchange agreements.

ROUTINE USES OF RECORDS MAINTAINED 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 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.
    2. 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 
the record or a third party acting on the subject's behalf.
    3. To the National Archives and Records Administration (NARA) under 
44 U.S.C. 2904 and 2906.
    4. 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.
    5. To another Federal agency or Federal entity, when 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.
    6. 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
    (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 disclosures 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.
    7. 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, 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 operations of SSA facilities.
    8. To contractors and other Federal agencies, as necessary, for the 
purpose of assisting SSA in the efficient administration of its 
programs. We 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.
    9. 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    We will maintain records in this system in paper and electronic 
form.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    We will retrieve records by the names, SSN, and date of birth of 
applicants, recipients, or beneficiaries under Titles II, XVI, and 
XVIII of the Social Security Act.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with the approved NARA rules codified at 36 CFR 
1225.16, we maintain records in accordance with NARA General Records 
Schedule 4.2 Information Access and Protection Records, Item 130 
Personally Identifiable Information Extracts. See https://www.archives.gov/files/records-mgmt/grs/grs04-2.pdf.

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 (PIN) and password, and 
personal identification verification cards. We further restrict the 
electronic records by the use of the PIN for only those employees who 
are authorized to access the system. 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.
    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 (e.g., 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 information about whether this 
system contains a record about them 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

[[Page 12074]]

them. Individuals requesting notification of, or access to, a record by 
mail must include (1) a notarized statement to us 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 in 
person must provide their name, SSN, or other information that may be 
in this system of records that will identify them, as well as provide 
an identity 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, 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:
    84 FR 9195, Travel and Border Crossing Records.

[FR Doc. 2021-04084 Filed 2-26-21; 8:45 am]
BILLING CODE 4191-02-P