[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47976-47977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17950]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974, as Amended; Proposed New Routine Use 
Disclosure

AGENCY: Social Security Administration (SSA).

ACTION: Proposed new routine use disclosure.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(11)), we 
are issuing public notice of our intent to establish a new routine use 
disclosure applicable to the SSA system of records entitled, Master 
Files of Social Security Number (SSN) Holders and SSN Applications, 60-
0058. The proposed new routine use will allow SSA to verify the name, 
date of birth and the last four digits of the SSN for state voter 
registration purposes under section 205(r)(8) of the Social Security 
Act, as amended by section 303 of the Help America Vote Act (HAVA), 
Public Law (Pub. L.) 107-252. The proposed new routine use disclosure 
is discussed in the Supplementary Information section below. We invite 
public comment on this proposal.

DATES: We filed a report of the proposed new routine use disclosure 
with the Chairman of the Senate Committee on Governmental Affairs, the 
Chairman of the House Government Reform Committee, and the Director, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB) on July 28, 2004. The proposed routine use will become 
effective on September 5, 2004, unless we receive comments warranting 
it not to become effective.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the Executive Director, Office of Public Disclosure, Office 
of the General Counsel, Social Security Administration, Room 3-A-6 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401. All comments received will be available for public 
inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Carlotta B. Davis, Social 
Insurance Specialist, Disclosure Policy Team, Office of Public 
Disclosure, Office of the General Counsel, Social Security 
Administration, in Room 3-C-2 Operations Building, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401, e-mail address at 
[email protected] or by telephone at (410) 965-8028.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Proposed New Routine Use Disclosure

A. General Background

    On October 29, 2002, the President signed into law Public Law 107-
252, the Help America Vote Act (HAVA) of 2002. Section 303 of HAVA 
amended section 205(r) of the Social Security Act by adding paragraph 
(8) which requires the Commissioner of Social Security to enter into 
agreements with the states and designated territories to assist in 
verifying information in the voter registration process for elections 
for federal office. More specifically, this provision of law requires 
the Commissioner of Social Security to enter into agreement with state 
officials for the purpose of verifying the following information about 
voter registrant applicants for whom the last four digits of a SSN are 
provided instead of a driver's license number:
     Name (including the first name and any family forename or 
surname),
     Date of birth (DOB) (including the month, day and year), 
and
     The last four digits of the Social Security number (SSN)).
    The verification process will involve the American Association of 
Motor Vehicle Administrators (AAMVA), State motor vehicle agencies 
(MVA), and SSA. Under this process, State MVAs will input voter 
registrants' names, dates of birth, and the last four digits of their 
SSNs into AAMVA's AAMVAnet system, which in turn will forward the 
information to SSA for matching with SSA records. After matching the 
input data with data in SSA records, SSA will return one response code 
indicating results of the verification, including whether death 
information is recorded in SSA records, as appropriate.

B. Proposed New Routine Use Disclosure of Data Maintained in the Master 
Files of Social Security Number (SSN) Holders and SSN Applications, 60-
0058

    To implement the provisions of section 205(r)(8) of the Social 
Security Act (42 U.S.C. 405(r)(8)), SSA must comply with the Privacy 
Act (5 U.S.C. 552a(b)(3)). To this end, we are proposing to establish 
the following new routine use providing for disclosure:

    To State and Territory Motor Vehicle Administration officials 
(or agents or contractors on their behalf) and State and Territory 
chief election officials to verify the accuracy of information 
provided by the State agency with respect to applications for voter 
registration, for whom the last four digits of the Social Security 
number are provided instead of a driver's license number.

    The proposed new routine use will appear as routine use numbered 41 
in the Master Files of Social Security Number (SSN) Holders and SSN 
Applications, 60-0058 system of records. We are not republishing the 
notice of this system of records in its entirety at this time. This 
system of records was last published in its entirety in the Federal 
Register at 63 F.R. 14165, 03/24/98.

II. Compatibility of Proposed Routine Use

    The Privacy Act (5 U.S.C. 552a(a)(7) and (b)(3)) and SSA's 
disclosure regulation (20 CFR part 401) permit us to disclose 
information under a published routine use for a purpose that is 
compatible with the purpose for which we collected the information. 
Section 401.150(c) of the regulations permits us to disclose 
information under a routine use where necessary to carry out SSA 
programs or assist other

[[Page 47977]]

agencies in administering similar programs. Section 401.120 of the 
regulations provides that we will disclose information if required by 
law. Section 205(r)(8) of the Social Security Act requires the 
Commissioner of Social Security to verify applicable information to be 
used by states and territories in their voter registration processes 
for elections held for federal office. Thus, the proposed routine use 
is appropriate and meets the relevant statutory and regulatory 
criteria.

III. Effect of the Proposed Routine Use Disclosure on the Rights of 
Individuals

    The proposed routine use will allow SSA to verify the accuracy of 
information provided by States and territories with respect to 
applications for voter registration as required by section 205(r)(8) of 
the Social Security Act. Section 205(r)(8) of the Social Security Act 
provides that information provided by the Commissioner of Social 
Security under agreements with the states and territories is 
confidential and use of the information is limited to the purpose of 
verifying voter registrants' information as provided in the agreements. 
This provision also provides that any officer or employee or former 
officer or employee of a State, or any officer or employee or former 
officer or employee of a contractor of a State who, without written 
authority of the Commissioner, publishes or communicates any 
information in the individual's possession by reason of such employment 
or position as such an officer, shall be guilty of a felony and upon 
conviction shall be fined or imprisoned, or both, as described in 
section 208 of the Social Security Act. Additionally, we will adhere to 
all applicable provisions of the Privacy Act when disclosing 
information. Thus, we do not anticipate that the proposed new routine 
use will have any unwarranted adverse effect on the rights of 
individuals about whom data will be disclosed.

    Dated: July 28, 2004.
Jo Anne B. Barnhart,
Commissioner.
[FR Doc. 04-17950 Filed 8-5-04; 8:45 am]
BILLING CODE 4191-02-P