[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Pages 63432-63433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24314]


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SOCIAL SECURITY ADMINISTRATION


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

AGENCY: Social Security Administration (SSA).

ACTION: Amended routine use.

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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 amend a routine use 
applicable to SSA's system of records entitled, Master Files of Social 
Security Number (SSN) Holders and SSN Applications, 60-0058. On August 
6, 2004, we published a notice of routine use in the Federal Register 
that allows SSA to verify the last 4 digits of the SSN for State voter 
registration purposes under section 205(r)(8) of the Social Security 
Act (42 U.S.C. 405(r)(8)). We are now proposing to amend that routine 
use to allow SSA to verify the full SSNs for certain States that are 
permitted to use the full SSN for State voter registration purposes 
under section 303(a)(5)(D) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(a)(5)(D)). The proposed amended 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 amended 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 October 26, 2004. The proposed routine use will become 
effective on December 6, 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 Amended Routine Use Disclosure

A. General Background

    On August 6, 2004, we published a notice in the Federal Register 
(FR) announcing the establishment of a new routine use that would allow 
SSA to verify the last four digits of the SSN for State voter 
registration for elections for Federal office, in accordance with the 
provisions in section 205(r)(8) of the Social Security Act (42 U.S.C. 
405(r)(8)), as added by section 303 of the Help America Vote Act of 
2002 (HAVA). The routine use became effective on September 5, 2004, and 
is applicable to the Privacy Act system of records entitled Master 
Files of Social Security Number (SSN) Holders and SSN Applications, 60-
0058. The routine use is numbered 41 in the notice of the system of 
records. (See 69 FR 47976, 8/6/04.) We established the routine use to 
implement the provisions of section 205(r)(8) of the Social Security 
Act. These provisions require the Commissioner of Social Security to 
enter into agreements 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)).

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

    Section 303(a)(5)(D) of HAVA (42 U.S.C. 15483(a)(5)(D)) also allows 
those States that have historically collected SSNs for voter 
registration purposes, in accordance with section 7 of the Privacy Act 
(5 U.S.C. 552a note), to verify the full SSN instead of the last four 
digits of the SSN for State voter registration for elections for 
Federal office. Accordingly, those States that collected the SSN in 
accordance with the provisions of section 7 of the Privacy Act may 
request SSA to verify the full SSN of their voter registrant applicants 
as allowed by section 303(a)(5)(D) of HAVA. We therefore are amending 
the routine use we published in the FR on August 6, 2004, to allow 
these verifications. The amended routine use, numbered 41, provides for 
the following disclosure:
    To the State and Territory Motor Vehicle Administration officials 
(or agents or contractors on their behalf) and State and Territory 
chief election officials under the provisions of section 205(r)(8) of 
the Social Security Act (42 U.S.C. 405(r)(8)) to verify the accuracy of 
information provided by the State agency with respect to applications 
for voter registration for those individuals who do not have a driver's 
license number:
     For whom the last four digits of the Social Security 
number are provided, or
     For whom the full Social Security number is provided in 
accordance with section 7 of the Privacy Act (5 U.S.C. 552a note), as 
described in section 303(a)(5)(D) of the Help America Vote Act of 2002 
(42 U.S.C. 15483(a)(5)(D)).
    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 FR at 63 FR 14165, 3/24/98.
    As noted in the FR publication of the routine use on August 6, 
2004, 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 either the last four digits of 
the SSNs or, where permissible, the full SSN 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.

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 63433]]

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 Amended Routine Use Disclosure on the Rights of 
Individuals

    The routine use amendment will allow SSA to verify the full SSN for 
those States allowed to use the full SSN for voter registration for 
elections for Federal office, in accordance with the provisions of 
section 303(a)(5)(D) of the HAVA. Section 205(r)(8) of the Social 
Security Act provides that information furnished 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 statute 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: October 21, 2004.
Jo Anne B. Barnhart,
Commissioner.
[FR Doc. 04-24314 Filed 10-29-04; 8:45 am]
BILLING CODE 4191-02-P