[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Pages 33791-33792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16559]
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SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974; Report of Revised Routine Use
AGENCY: Social Security Administration (SSA).
ACTION: Revised Routine Use.
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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and
(11)), we are issuing public notice of our intent to revise a routine
use applicable to the Master Files of Social Security Number (SSN)
Holders and SSN Applications, SSA/OSR, 09-60-0058. The title of this
system previously referred to ``HHS'' (an acronym for Department of
Health and Human Services). We have deleted this reference as SSA is
now independent of the HHS. (For convenience, we will refer to this
system of records as the Enumeration System.) The proposed revision
will allow SSA to disclose SSNs to Federal, State and local entities
for use in income-maintenance and health-maintenance programs, such as
general assistance, food stamps and Medicaid, where such use is
authorized by Federal statute.
We invite public comment on this publication.
DATE: We filed a report of an altered system of records--revised
routine use with the Chairman, Committee on Government Reform and
Oversight of the House of Representatives; the Chairman, Committee on
Governmental Affairs of the Senate; and the Administrator, Office of
Information and Regulatory Affairs, Office of Management and Budget on
June 18, 1996. The routine use will become effective as proposed,
without further notice August 7, 1996, unless we receive comments on or
before that date that result in a contrary determination.
ADDRESSES: Interested individuals may comment on this publication by
writing to the SSA Privacy Officer, Social Security Administration,
Room 3-A-6 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 that address.
FOR FURTHER INFORMATION CONTACT: Mr. Ron Martorana, Social Insurance
Specialist, Office of Disclosure Policy, Social Security
Administration, 3-D-1 Operations Building, 6401 Security Boulevard,
Baltimore, Maryland 21235, telephone 410-965-1745.
SUPPLEMENTARY INFORMATION:
A. Discussion of Proposed Routine Use
In the mid 70's, SSA published a routine use in the Federal
Register allowing the Agency to disclose SSNs to State welfare offices
for use in determining individuals' eligibility for benefits under the
Aid to Families with Dependent Children (AFDC) program. At that time,
section 402(a)(25) of the Social Security Act (the Act) required
individuals applying for AFDC to provide their SSN to State welfare
agencies; the SSN, thus, was a condition of eligibility.
Section 402(a)(25) of the Act has since been amended to provide
that AFDC applicants furnish this information as required by section
1137 of the Act. Under section 1137, individuals applying to States
for, not only AFDC, but also Medicaid, unemployment compensation under
section 3304 of the Internal Revenue Code of 1986, the food stamp
program under the Food Stamp Act of 1977 and any State program under a
plan approved under title I, X, XIV, or XVI of the Act, must furnish
their SSN as a condition of eligibility. In addition, section
205(c)(2)(C) of the Act provides that State agencies may require
applicants for general assistance programs to furnish their SSN for
identification purposes. We therefore are proposing to revise the
current routine use allowing disclosure of SSNs to States for AFDC
purposes, to include disclosure of SSNs to Federal, State and local
entities for use in administering other income-maintenance and health-
maintenance programs, such as those listed above, where such use of the
SSN is authorized by Federal law. (SSA already validates SSNs for these
agencies.) Routine use number two in the Enumeration System is revised
to read:
SSA will disclose SSNs to Federal, State and local entities for the
purpose of administering income-maintenance and health-maintenance
programs, where such use of the SSN is authorized by Federal statute.
This revision will allow SSA to disclose SSNs on a consistent basis
for all Federal, State and locally administered income-maintenance and
health-maintenance programs when a Federal law authorizes the use of
the SSN in such programs.
A notice of the Enumeration System, to which the routine use will
apply, was last published in the Federal Register at 60 FR 52948,
October 11, 1995.
[[Page 33792]]
B. Compatibility of Proposed Routine Use
We are proposing the changes discussed above in accordance with the
Privacy Act (5 U.S.C. 552a(a)(7), (b)(3), (e)(4) and (e)(11)) and our
disclosure regulation (20 CFR part 401).
The Privacy Act permits us to disclose information about
individuals without their consent for a routine use, i.e., where the
information will be used for a purpose that is compatible with the
purpose for which we collected the information. Consistent with the
Privacy Act, under 20 CFR 401.310 we may disclose information under a
routine use for administering our programs, or for administering
similar programs of other agencies. SSA collects and maintains SSNs and
other personal identification data in the Enumeration System in order
to identify and retrieve information about individuals in SSA's
records, to administer programs for which SSA is responsible, and to
detect the use of a SSN by a person to whom the SSN was not assigned.
Other Federal, State and local entities use such information for
similar purposes in programs similar to SSA's programs. Disclosing SSNs
to such Federal, State and local entities will support the effective
and efficient administration of various assistance programs by the
States. Therefore, we find that disclosing SSNs to Federal, State and
local entities for the purpose of administering income-maintenance and
health-maintenance programs serves purposes that are compatible with
purposes for which SSA collects the information and meets the criteria
of the Privacy Act and the regulation for establishment of a routine
use.
C. Effect of the Proposal on Individual Rights
As discussed above, the proposed revised routine use will permit
SSA to disclose SSNs to Federal, State and local entities for the
purpose of administering income-maintenance and health-maintenance
programs, where such use is authorized by Federal statute. Disclosure
will assist Federal, State and local entities in determining
eligibility for income-maintenance and health-maintenance programs.
While disclosure will have some impact on the privacy of individuals
(for example, States will be better able to determine the true identity
of applicants for income-maintenance and health-maintenance programs),
disclosure will only be made where authorized by Federal statute and
will reduce fraud and abuse in these programs. SSA will follow all
statutory and regulatory requirements for disclosure. Thus, we do not
anticipate that the disclosure will have any unwarranted effect on the
privacy or other rights of individuals.
Dated: June 18, 1996.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 96-16559 Filed 6-27-96; 8:45 am]
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