20 CFR § 401.90 - Contractors.

---
identifier: "/us/cfr/t20/s401.90"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 401.90 - Contractors."
title_number: 20
title_name: "Employees' Benefits"
section_number: "401.90"
section_name: "Contractors."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "401"
part_name: "PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 205, 702(a)(5), 1106, and 1141 of the Social Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923."
regulatory_source: "62 FR 4143, Jan. 29, 1997, unless otherwise noted."
cfr_part: "401"
---


# 401.90 Contractors.

(a) All contracts which require a contractor to maintain, or on behalf of SSA to maintain, a system of records to accomplish an SSA function must contain a provision requiring the contractor to comply with the Privacy Act and this part.

(b) A contractor and any employee of such contractor will be considered employees of SSA only for the purposes of the criminal penalties of the Privacy Act, 5 U.S.C. 552a(i), and the employee standards of conduct (see appendix A of this part) where the contract contains a provision requiring the contractor to comply with the Privacy Act and this part.

(c) This section does not apply to systems of records maintained by a contractor as a result of his management discretion, e.g., the contractor's personnel records.