42 USC 405(r)(5)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 42 USC 405(r)(5) | status: Basic | banner: CUI.
- DoD authority row: 42 USC 405(r)(5). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 42 USC 405(r)(5) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 1615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to information contained within an official document issued by a public registry verifying that a person has died, with information such as the date and time of death, the cause of death, and the signature of the attending or examining physician.
- DoD category scope used with this authority: Related to information contained within an official document issued by a public registry verifying a person has died, with information such as the date and time of death, the cause of death, and the signature of the attending or examining physician.
- 42 USC 405(r)(5) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to information contained within an official document issued by a public registry verifying that a person has died, with information such as the date and time of death, the cause of death, and the signature of the attending or examining physician.
- DoD category scope: Related to information contained within an official document issued by a public registry verifying a person has died, with information such as the date and time of death, the cause of death, and the signature of the attending or examining physician.
- Extracted authority condition: L. 103–296, title I, § 108(b)(10)(B), Aug. 15, 1994, 108 Stat. 1483, provided that: ‘‘The Commissioner of Social Security shall an- nually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate a report on the extent to which the Commissioner has exercised his authority to review cases of entitlement to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] and supplemental security income cases under title XVI of such Act [42 U.S.C. 1381 et seq.], and the ex- tent to which the cases reviewed were those that in- volved a high likelihood or probability of fraud.’’ R EPORT ONFEASIBILITY OFOBTAININGREADYACCESS TOCERTAINCRIMINALFRAUDRECORDS Pub.
- Extracted authority condition: (2)(A) On the basis of information obtained by or submitted to the Commissioner of Social Se- curity, and after such verification thereof as the Commissioner deems necessary, the Commis- sioner of Social Security shall establish and maintain records of the amounts of wages paid to, and the amounts of self-employment income derived by, each individual and of the periods in which such wages were paid and such income was derived and, upon request, shall inform any individual or his survivor, or the legal rep-
- Extracted authority condition: (II) Paragraphs (1), (2), and (3) of section 7213(a) of the Internal Revenue Code of 1986 shall apply with respect to the unauthorized willful disclosure to any person of social security ac- count numbers and related records obtained or maintained by an authorized person pursuant to a provision of law enacted on or after October 1, 1990, in the same manner and to the same extent as such paragraphs apply with respect to unau- thorized disclosures of return and return infor- mation described in such paragraphs.
- Extracted authority condition: (r) Use of death certificates to correct program information (1) The Commissioner of Social Security shall undertake to establish a program under which— (A) States (or political subdivisions thereof) voluntarily contract with the Commissioner of Social Security to furnish the Commissioner of Social Security periodically with informa- tion (in a form established by the Commis- sioner of Social Security in consultation with the States) concerning individuals with re- spect to whom death certificates (or equiva- lent documents maintained by the States or subdivisions) have been officially filed with them; and (B) there will be (i) a comparison of such in- formation on such individuals with informa- tion on such individuals in the records being used in the administration of this chapter, (ii) validation of the results of such comparisons, and (iii) corrections in such records to accu- rately reflect the status of such individuals.
- Extracted authority condition: (D) For purposes of this paragraph— (i) the term ‘‘applicable information’’ means information regarding whether— (I) the name (including the first name and any family forename or surname), the date of birth (including the month, day, and year), and social security number of an indi- vidual provided to the Commissioner match the information contained in the Commis- sioner’s records, and (II) such individual is shown on the records of the Commissioner as being deceased; and (ii) the term ‘‘State driver’s license agency’’ means the State agency which issues driver’s licenses to individuals within the State and maintains records relating to such licensure.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: 42 USC 405(r)(5) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: The Secretary of Agriculture shall provide such other safeguards as the Secretary of Health and Human Services determines to be necessary or appropriate to protect the confidentiality of the so- cial security account numbers.’’ Subsec.
- Extracted authority control: (5) The Commissioner of Social Security may use or provide for the use of such records as may be corrected under this section, subject to such safeguards as the Commissioner of Social Secu- rity determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical and research activi- ties conducted by Federal and State agencies.
- Extracted authority control: (8)(A) The Commissioner of Social Security shall, upon the request of the official responsible for a State driver’s license agency pursuant to the Help America Vote Act of 2002— (i) enter into an agreement with such offi- cial for the purpose of verifying applicable in- formation, so long as the requirements of sub- paragraphs (A) and (B) of paragraph (3) are met; and (ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any applicable information disclosed and procedures to permit such agency to use the applicable information for the purpose of maintaining its records.
- Extracted authority control: (9)(A) The Commissioner of Social Security shall, upon the request of the Secretary or the Inspector General of the Department of Health and Human Services— (i) enter into an agreement with the Sec- retary or such Inspector General for the pur- pose of matching data in the system of records of the Social Security Administration and the system of records of the Department of Health and Human Services; and (ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any information disclosed.
- Extracted authority control: (x) The Secretary of Health and Human Serv- ices, and the Exchanges established under sec- tion 1311 of the Patient Protection and Afford- able Care Act [42 U.S.C. 18031], are authorized to collect and use the names and social security ac- count numbers of individuals as required to ad- minister the provisions of, and the amendments made by, the such Act. 3
- Extracted authority control: L. 103–296, title I, § 108(b)(10)(B), Aug. 15, 1994, 108 Stat. 1483, provided that: ‘‘The Commissioner of Social Security shall an- nually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate a report on the extent to which the Commissioner has exercised his authority to review cases of entitlement to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] and supplemental security income cases under title XVI of such Act [42 U.S.C. 1381 et seq.], and the ex- tent to which the cases reviewed were those that in- volved a high likelihood or probability of fraud.’’ R EPORT ONFEASIBILITY OFOBTAININGREADYACCESS TOCERTAINCRIMINALFRAUDRECORDS Pub.
- Extracted authority control: (8) A translation into English by a third party of a statement made in a foreign language by an applicant for or beneficiary of monthly insur- ance benefits under this subchapter shall not be regarded as reliable for any purpose under this subchapter unless the third party, under penalty of perjury— (A) certifies that the translation is accurate; and (B) discloses the nature and scope of the re- lationship between the third party and the ap- plicant or recipient, as the case may be.
Authority excerpts
Most relevant extracted authority passageThe Secretary of Agriculture shall provide such other safeguards as the Secretary of Health and Human Services determines to be necessary or appropriate to protect the confidentiality of the so- cial security account numbers.’’ Subsec.
Extracted authority passage 2(5) The Commissioner of Social Security may use or provide for the use of such records as may be corrected under this section, subject to such safeguards as the Commissioner of Social Secu- rity determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical and research activi- ties conducted by Federal and State agencies.
Extracted authority passage 3(8)(A) The Commissioner of Social Security shall, upon the request of the official responsible for a State driver’s license agency pursuant to the Help America Vote Act of 2002— (i) enter into an agreement with such offi- cial for the purpose of verifying applicable in- formation, so long as the requirements of sub- paragraphs (A) and (B) of paragraph (3) are met; and (ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any applicable information disclosed and procedures to permit such agency to use the applicable information for the purpose of maintaining its records.
Extracted authority passage 4(9)(A) The Commissioner of Social Security shall, upon the request of the Secretary or the Inspector General of the Department of Health and Human Services— (i) enter into an agreement with the Sec- retary or such Inspector General for the pur- pose of matching data in the system of records of the Social Security Administration and the system of records of the Department of Health and Human Services; and (ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any information disclosed.
Extracted authority passage 5(x) The Secretary of Health and Human Serv- ices, and the Exchanges established under sec- tion 1311 of the Patient Protection and Afford- able Care Act [42 U.S.C. 18031], are authorized to collect and use the names and social security ac- count numbers of individuals as required to ad- minister the provisions of, and the amendments made by, the such Act. 3