---
kind: "section"
citation: "20 C.F.R. § 401.90"
title: "20"
number: "401.90"
heading: "Contractors."
url: "https://uscodex.org/cfr/20/401.90"
---

# §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)](/usc/5/552a.md?p=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.

## Notes

### Authority

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.

### Source

Source: 62 FR 4143, Jan. 29, 1997, unless otherwise noted.