[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 69008-69009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26141]


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SOCIAL SECURITY ADMINISTRATION


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

AGENCY: Social Security Administration (SSA).

ACTION: Proposed new 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 establish a new routine use 
disclosure of information SSA maintains in the Privacy Act system of 
records entitled Supplemental Security Income Record and Special 
Veterans Benefits System, 60-0103 (SSR/SVB System). The proposed 
routine use will allow SSA to verify Social Security numbers (SSN) 
provided by foreign Social Security agencies with whom SSA has a 
totalization agreement or a mutual assistance arrangement under section 
233 of the Social Security Act (42 U.S.C. 433). The routine use 
proposal is discussed in the Supplementary Information section below. 
We invite public comments on this proposal.

DATES: We filed a report of the proposed new routine use 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 on 
November 18, 2004. The proposed new routine use will become effective 
on December 28, 2004 unless we receive comments that would result in a 
contrary determination.

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, 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: Mr. Willie J. Polk, Team Leader, 
Strategic Issues Team, Office of Public Disclosure, Office of the 
General Counsel, Social Security Administration, Room 3-A-6 Operations 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-

[[Page 69009]]

6401, telephone (410) 965-1753, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

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

A. General Background

    Section 233 of the Social Security Act (Act) (42 U.S.C. 433) 
authorizes the President to enter into agreements with other countries 
for the purpose of coordinating the Social Security systems of both 
countries. These agreements, frequently called ``totalization 
agreements,'' help fill gaps in benefit protection for workers who 
divide their careers between the United States and the other country. 
Such workers may fail to qualify for Social Security benefits from the 
United States or the other country because they have not worked long 
enough to meet minimum eligibility requirements. Under these 
agreements, each country can count credits earned under the other 
country's system if this will help the worker meet the minimum length-
of-work requirements to qualify. Where eligibility is established by 
counting credits in both countries, the benefit is prorated to reflect 
the amount of credit earned in the paying country. To facilitate this 
process, SSA shares personal information in its files with the Social 
Security agencies of the countries which are parties to the agreements.
    Consistent with section 233 of the Act, SSA enters into mutual 
assistance arrangements with totalization countries. Under the mutual 
assistance arrangements, the foreign country assists SSA generally in 
the administration of its programs in the foreign country and SSA 
provides reciprocal services for the foreign country. This includes, 
but may not be limited to, providing services such as post-entitlement 
reviews and redeterminations, program and operational studies, and 
integrity reviews and evaluations.
    SSA currently verifies SSNs provided by foreign countries with 
which we have totalization agreements and mutual assistance 
arrangements under those agreements. We have an established routine use 
applicable to the Master Files of Social Security Number (SSN) Holders 
and SSN Applications System, 60-0058; Earnings Recording and Self-
Employment Income System; and the Master Beneficiary Record, 60-0090; 
Privacy Act systems of records that allows SSA to verify SSNs and 
disclose other information to countries with which we have totalization 
agreements and mutual assistance arrangements. We have identified the 
need to establish a new routine use that would allow SSA to verify SSNs 
provided by those countries, using information we maintain in the SSR/
SVB System Privacy Act system of records. The proposed routine use will 
read as follows:

    To the Social Security agency of a foreign country, for the 
purpose of verifying Social Security numbers, to carry out the 
purposes 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 (42 U.S.C. 433).

    The proposed routine use will be numbered 36 in the notice of the 
SSR/SVB System. We are not republishing the notice of this system of 
records at this time. A notice of the system of records last was 
published in its entirety in the Federal Register (FR) on February 21, 
2001. See 66 FR 11079, February 21, 2001.

B. Compatibility of Proposed New Routine Use Disclosure

    The Privacy Act (5 U.S.C. 552a(b)(3)) and our disclosure 
regulations (20 CFR Part 401) permit us to disclose information under a 
published routine use for a purpose which 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 agencies in 
administering similar programs. The disclosures under the proposed new 
routine use will be compatible since, by the nature of the totalization 
agreement with a foreign country under section 233 of the Social 
Security Act (42 U.S.C 433), the foreign country will be administering 
a program comparable to the Social Security program of the United 
States.

II. Effect of the Proposed Routine Use on the Rights of Individuals

    Whenever SSA 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 United States. 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). Verifications of SSNs provided by foreign 
Social Security agencies will be done only as discussed in section I.A. 
above. To this end, we do not anticipate any unwarranted effects on the 
rights of individuals from our implementation of the proposed routine 
use.

    Dated: November 18, 2004.
Jo Anne B. Barnhart,
Commissioner.
[FR Doc. 04-26141 Filed 11-24-04; 8:45 am]
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