Privacy Act of 1974; Report of New Routine Use

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