[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Pages 11939-11941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6241]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974; Report of New Routine Use

AGENCY: Social Security Administration (SSA).

ACTION: New routine use.

-----------------------------------------------------------------------

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 establish a new 
routine use applicable to the Earnings Recording and Self-Employment 
Income System, SSA/OSR, 09-60-0059. (For convenience, we will refer to 
this system of records as the Master Earnings File.) The proposed new 
routine use will allow SSA to disclose quarters of coverage to Federal, 
State, and local entities for use in their administration of sections 
402, 412, 421 and 435 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Pub. L. 104-193.
    We invite public comment on this publication.

DATES: We filed a report of an altered system of records--new routine 
use with the Chairman, Committee on Government Reform and Oversight of 
the House of Representatives; the Chairman, Committee on Governmental

[[Page 11940]]

Affairs of the Senate; and the Administrator, Office of Information and 
Regulatory Affairs, Office of Management and Budget on February 28, 
1997. The routine use will become effective as proposed, without 
further notice April 22, 1997, 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. Michael Walker, Social Insurance 
Specialist, Office of Disclosure Policy, Social Security 
Administration, 3-C-1 Operations Building, 6401 Security Boulevard, 
Baltimore, Maryland 21235, telephone 410-965-8525.

SUPPLEMENTARY INFORMATION:

A. Discussion of Proposed Routine Use

    The Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 included provisions regarding eliminating payment of benefits 
under certain specified Federal and State programs to qualified aliens. 
Section 431 of Public Law 104-193 states that `qualified alien' means 
an alien who, at the time the alien applies for, receives, or attempts 
to receive a Federal public benefit, is:
    (1) An alien who is lawfully admitted for permanent residence under 
the Immigration and Nationality Act (INA),
    (2) An alien who is granted asylum under section 208 of the INA;
    (3) A refugee who is admitted to the United States under section 
207 of the INA,
    (4) An alien who is paroled into the United States under section 
212(d)(5) of the INA for a period of at least 1 year,
    (5) An alien whose deportation is being withheld under section 
243(h) of the INA, or
    (6) An alien who is granted conditional entry pursuant to section 
203(a)(7) of the INA as in effect prior to April 1, 1980.
    Section 402(a) of Pub. L. 104-193 provides that, with several 
exceptions, a qualified alien is not eligible for any specified Federal 
program, which section 402 defines as (A) the supplemental security 
income program under title XVI of the Social Security Act, including 
supplementary payments pursuant to an agreement for Federal 
administration under section 1616(a) of the Social Security Act and 
payments pursuant to an agreement entered into under section 212(b) of 
Public Law 93-66; and (B) the food stamp program as defined in section 
3(h) of the Food Stamp Act of 1977.
    Similarly, section 402(b) of Pub. L. 104-193 provides that a State 
is authorized to determine the eligibility of an alien who is a 
qualified alien for any designated Federal program defined as (A) 
Temporary Assistance to Needy Families (the program of block grants to 
States for temporary assistance for needy families under part A of 
title IV of the Social Security Act), (B) Social Services Block Grant 
(the program of block grants to States for social services under title 
XX of the Social Security Act), and (C) Medicaid (a State plan approved 
under title XIX of the Social Security Act, other than medical 
assistance described in section 401(b)(1)(A)).
    Additionally, section 412 of Pub. L. 104-193 provides that a State 
is authorized to determine the eligibility for any State public 
benefits of an alien who is a qualified alien, as defined at section 
431, a nonimmigrant under the INA, or an alien who is paroled into the 
United States under section 212(d)(5) of such Act for less than one 
year.
    However, sections 402, 412 and 421 of Pub. L. 104-193 provide 
exceptions for certain refugees and asylees, certain permanent resident 
aliens, and certain veterans. Section 411 of this Act provides certain 
exceptions to the above listed State or local benefits.
    Pub. L. 104-193 provides that if the alien has worked 40 qualifying 
quarters of coverage as defined under title II of the Social Security 
Act, he or she may be eligible for benefits listed in sections 402 and 
412. The alien may also receive credit for (1) all of the qualifying 
quarters of coverage as defined under title II of the Social Security 
Act worked by a parent of such alien while the alien was under age 18, 
and (2) all of the qualifying quarters worked by a spouse of such alien 
during their marriage and the alien remains married to such spouse or 
such spouse is deceased.
    The Social Security Administration is the primary repository of 
income information (including quarters of coverage information) for 
everyone working in covered employment in the United States. Federal 
and State agencies must have quarters of coverage information in order 
to determine qualifying quarters and to adjudicate claims for 
eligibility for the benefits programs covered by sections 402 and 412 
of Pub. L. 104-193. We therefore are proposing to add a routine use to 
the Master Earnings File system of records allowing disclosure of 
quarters of coverage information to Federal and State agencies 
administering sections 402, 412 and 421 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996. The routine use will 
read that disclosures will be made:

``to Federal, State, and local agencies for administration of 
sections 402, 412, 421 and/or 435 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193. SSA 
will disclose information regarding quarters of coverage (non-tax 
return information) earned by the alien applicant as well as 
quarters of coverage earned by his/her parents while the alien was 
under age 18 and/or his/her spouse during the marriage (if the alien 
remains married to such spouse or the marriage ended with the death 
of the spouse) to a Federal, State, or local requesting agency for 
their sole use in determining eligibility for programs or benefits 
programs covered by sections 402 and 412 of Pub. L. 104-193.''

    A notice of the Master Earnings File system, to which the routine 
use will apply, was last published in the Federal Register at 60 FR 
52948, October 11, 1995.

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 earnings 
data along with quarters of coverage information in the Master Earnings 
File system in order to qualify individuals for certain benefit 
programs administered by SSA and to compute accurate benefit payments 
to those individuals. Other Federal, State, or local agencies use such 
information for similar purposes in programs similar to SSA's programs. 
Disclosing quarters of coverage information to such Federal, State, or 
local agencies will support the effective and efficient administration 
of various assistance programs by those agencies. Therefore, we find 
that disclosing quarters of coverage information to Federal, State, or 
local agencies for the purpose of administering sections 402, 412, 421 
and 435 of the Personal Responsibility

[[Page 11941]]

and Work Opportunity Reconciliation Act of 1996 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 quarters of coverage information to Federal, State, or 
local agencies for the purpose of administering certain income-
maintenance and health-maintenance programs, where such use is 
authorized by Federal statute. Disclosure will assist Federal, State, 
or local agencies in determining eligibility for income-maintenance and 
health-maintenance programs. While disclosure will have some impact on 
the privacy of individuals (for example, disclosures will be made 
regarding the work records of related third parties, i.e., parents and 
spouses), Federal, State, or local agencies will be better able to 
adjudicate entitlement to section 402, 412, 421 and 435 programs or 
benefits. Such disclosures will only be made where authorized by 
Federal statute. 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: February 28, 1997.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 97-6241 Filed 3-12-97; 8:45 am]
BILLING CODE 4190-29-P