42 U.S.C. § 1320e–3 — Information exchange with payroll data providers

(a) In general The Commissioner of Social Security may enter into an information exchange with a payroll data provider for purposes of— (1) efficiently administering— (A) monthly insurance benefits under subsections (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and (f)(1)(B)(ii) of section 402 of this title and subsection (a)(1) of section 423 of this title ; and (B) supplemental security income benefits under subchapter XVI; and (2) preventing improper payments of such benefits without the need for verification by independent or collateral sources. (b) Notification requirements Before entering into an information exchange under subsection (a), the Commissioner must publish in the Federal Register a notice describing the information exchange and the extent to which the information received through such exchange is— (1) relevant and necessary to— (A) accurately determine entitlement to, and the amount of, benefits described under subparagraph (A) of subsection (a)(1); (B) accurately determine eligibility for, and the amount of, benefits described in subparagraph (B) of such subsection; and (C) prevent improper payment of such benefits; and (2) sufficiently accurate, up-to-date, and complete. (c) Definitions For purposes of this section: (1) Payroll data provider The term “payroll data provider” means payroll providers, wage verification companies, and other commercial or non-commercial entities that collect and maintain data regarding employment and wages, without regard to whether the entity provides such data for a fee or without cost. (2) Information exchange The term “information exchange” means the automated comparison of a system of records maintained by the Commissioner of Social Security with records maintained by a payroll data provider.