[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31654]


[[Page Unknown]]

[Federal Register: December 27, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
 

Social Security Administration Privacy Act of 1974; Report of 
Altered Systems of Records--Revised Routine Use

AGENCY: Social Security Administration (SSA), Department of Health and 
Human Services (HHS).

ACTION: Revised routine use.

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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 
552a(e)(11); 552a(r)), we are notifying the public of our intent to 
alter an existing routine use of information maintained in four systems 
of records: The Claims Folder System, HHS/SSA/OP, 09-60-0089 (routine 
use number 24); the Earnings Recording and Self-Employment Income 
System, HHS/SSA/OSR, 09-60-0059 (routine use number 15); the Master 
Beneficiary Record, HHS/SSA/OSR, 09-60-0090 (routine use number 12); 
and the Master Files of Social Security Number (SSN) Holders and SSN 
Applications, HHS/SSA/OSR, 09-60-0058 (routine use number 19). The 
routine use in question presently contains identical text in all four 
systems of records and the proposed modification is also identical in 
all four systems. A notice pertaining to the Earnings Recording and 
Self-Employment Income System was last published in the Federal 
Register at 59 FR 62407, December 5, 1994. A notice pertaining to the 
other three systems identified above was last published in the Federal 
Register at 54 FR 52308, 52309 on October 17, 1994.
    We invite public comments on this publication.

DATES: We filed a report of an altered system of records with the 
Senate Committee on Governmental Affairs, the House Committee on 
Government Operations, and the Office of Management and Budget, Office 
of Information and Regulatory Affairs, on December 5, 1994. The 
proposed routine use will become effective as proposed, without further 
notice, on January 20, 1995, unless we receive comments on or before 
that date which would warrant withholding the alteration from taking 
effect.

ADDRESSES: Interested individuals may comment on this proposal by 
writing to the SSA Privacy Officer. The mailing address is 3-D-1 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235. Comments may be faxed to (410) 966-0869. All comments received 
will be available for public inspection at the above address.

FOR FURTHER INFORMATION CONTACT:
Mr. Peter J. Benson, Office of Disclosure Policy, 6401 Security 
Boulevard, Baltimore, Maryland 21235; telephone (410) 965-1736.

SUPPLEMENTARY INFORMATION: .

I. Discussion

A. Background of the Proposed Routine Use

    Over the past 15 years, the United States (U.S.) has established a 
network of bilateral Social Security agreements that coordinate the 
U.S. retirement, survivors and disability insurance (RSDI) program with 
the comparable programs of other countries. The agreements, commonly 
known in the U.S. as ``totalization'' agreements, are authorized by 
section 233 of the Social Security Act. Currently, the U.S. has 
totalization agreements in force with 17 countries, including Canada 
and virtually all of Western Europe.
    One of the main purposes of the agreements is to help fill gaps in 
benefit protection for workers who have divided their careers between 
the U.S. and another country. Such workers may fail to qualify for 
Social Security benefits from one or both countries because they have 
not worked long enough to meet minimum eligibility requirements. Under 
an agreement, these workers may qualify for partial U.S. or foreign 
benefits based on ``totalized'' (i.e., combined) credits from both 
countries.
    Implementing the totalization agreements has required SSA to share 
certain personal information in its files with counterpart social 
security agencies in the other countries. Generally, this sharing has 
been limited to personal information needed to adjudicate claims for 
benefits under the agreements.
    The present wording of the four routine uses permits disclosure of 
personal Social Security records for totalization purposes, which, as 
discussed above, involves adjudication of claims. Consistent with 
section 233 of the Social Security Act, the contemplated revision would 
expand the field of allowable disclosures by permitting disclosure of 
personal information in SSA's files to a foreign Social Security agency 
essentially for all SSA and foreign program-related activities in the 
U.S. or abroad. This will, in addition to the adjudication of claims, 
include those instances in which SSA and a foreign country have entered 
into mutual assistance arrangements under a totalization agreement. 
Under a mutual assistance arrangement, the foreign country would assist 
SSA generally in the administration of its programs and SSA would 
provide reciprocal services for the foreign country. This would include 
post-entitlement reviews and redeterminations, applications for Social 
Security numbers, program and operational studies, integrity reviews 
and evaluations, research and statistical studies, and the like. It 
will also include situations where information from SSA's records is 
needed by a foreign Social Security agency to implement a provision of 
an agreement other than adjudicating a claim for benefits. For example, 
a foreign agency may need information from SSA's records to determine 
if, under the provisions of an agreement, a person has the right to 
make voluntary contributions to its Social Security system.
    The proposed revised routine use provides for disclosure:
    ``To the Social Security agency of a foreign country, to carry out 
the purpose of an international Social Security agreement entered into 
between the United States and the other country, pursuant to section 
233 of the Social Security Act.''

B. Compatibility of the Proposed Routine Use

    The Privacy Act permits us to disclose information about 
individuals without their consent for a routine use, i.e., when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. The proposed routine 
use, as modified, will be compatible with the purposes for which SSA 
initially collected the information to be disclosed, since, by the 
nature of the totalization agreements the social security agency in the 
other country will be administering a program comparable to the social 
security program of the U.S.; the totalization agreements will continue 
to require that the foreign agencies use the information only for 
compatible, program-related purposes.

C. Effect of the Proposed Alteration on the Privacy of Individuals

    Whenever the U.S. enters into a totalization agreement with a 
foreign country, SSA always requires the other country's assurance that 
appropriate laws of that country protect the confidentiality of 
personal data. SSA always considers how compatible the other country's 
privacy laws are with those of the U.S.
    Unless the other country's laws allow disclosure, the information 
which SSA furnishes to a foreign country's social security agency under 
a totalization agreement must be kept confidential and, to the extent 
possible, used exclusively for implementing the agreement (Social 
Security Ruling 80-15 and 20 CFR 404.1930).
    SSA uses information in these four systems for the purposes of 
determining age and other evidentiary requirements of individuals 
applying for Social Security benefits or Social Security numbers. We 
will continue to adhere to all provisions of the Privacy Act, Social 
Security Act, and other applicable laws in our maintenance and use of 
the information. Thus, we do not anticipate that any unwarranted 
effects on the privacy of individuals will result from the routine use 
alteration proposed in this notice.

    Dated: December 5, 1994.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 94-31654 Filed 12-23-94; 8:45 am]
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