[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Notices]
[Pages 16397-16400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4666]



[[Page 16397]]

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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974, as Amended; New System of Records

AGENCY: Social Security Administration (SSA).

ACTION: Proposed new system of records and proposed routine uses.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4)) and 
(e)(11)), we are issuing public notice of our intent to establish a new 
system of records, entitled the Representative Payee and Beneficiary 
Survey Data System, 60-0370, and routine uses applicable to this system 
of records. Hereinafter, we will refer to the proposed system of 
records as the RPBSD system. We invite public comment on this proposal.

DATES: We filed a report of the proposed new system of records and 
proposed routine use disclosures with the Chairman of the Senate 
Committee on Homeland Security and Governmental Affairs, the Chairman 
of the House Committee on Government Reform, and the Director, Office 
of Information and Regulatory Affairs, Office of Management and Budget 
on March 17, 2006. The proposed system of records and routine uses will 
become effective on April 26, 2006, unless we receive comments 
warranting them 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: Contact Margo Wagner, Social Insurance 
Specialist, Disclosure Policy Team, Office of Public Disclosure, Office 
of the General Counsel, Social Security Administration, in Room 3-A-6 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401, telephone at (410) 965-1482, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Proposed RPBSD System

A. General Background

    The proposed new RPBSD system will support SSA's compliance with 
Section 107 of Pub. L. No. 108-203, the Social Security Protection Act 
of 2004, that amended Section 1110 of the Social Security Act (42 
U.S.C. 1310) by mandating SSA to perform a study to determine how 
payments made to representative payees under Title II or Title XVI of 
the Social Security Act are managed and used on behalf of the 
beneficiaries of these programs. The proposed new system will maintain 
information collected during the course of a cross-sectional national 
survey of representative payees and a subsample of beneficiaries. The 
survey data in this proposed new system will be the basis for the 
mandated study and a subsequent report outlining the Agency's findings 
and recommendations for change or further review of SSA's 
representative payment policies. Information in this system will also 
be used for ongoing assessment of how payments made to representative 
payees are managed and used on behalf of beneficiaries.

B. Collection and Maintenance of the Data for the RPBSD System

    The information that SSA will collect and maintain in the RPBSD 
system will consist of data gathered during a specific study period to 
assess SSA's representative payee policies. This data will include 
identifiable information, such as name, Social Security number (SSN) 
and address of selected representative payees and beneficiaries who 
agree to participate in the associated survey and other pertinent 
information, such as financial account information related to benefit 
payments and information associated with the representative payee's 
particular responsibilities while acting in that capacity. We will 
retrieve information from the proposed system by using the individual's 
name and/or SSN. Thus, the RPBSD System will constitute a system of 
records under the Privacy Act.

II. Proposed Routine Use Disclosures of Data Maintained in the Proposed 
RPBSD System

A. Proposed Routine Use Disclosures

    1. We are proposing to establish routine uses of information that 
will be maintained in the proposed RPBSD System as discussed below.
    To the Office of the President for the purpose of responding to an 
individual pursuant to an inquiry received from that individual or from 
a third party on his or her behalf.
    We will disclose information under this routine use only in 
situations in which an individual may contact the Office of the 
President, seeking that Office's assistance in a matter relating to 
information contained in this system of records. Information will be 
disclosed when the Office of the President makes an inquiry and 
indicates that it is acting on behalf of the individual whose record is 
requested.
    2. To a congressional office in response to an inquiry from that 
office made at the request of the subject of a record.
    We will disclose information under this routine use only in 
situations in which an individual may ask his or her congressional 
representative to intercede in a matter relating to information 
contained in this system of records. Information will be disclosed when 
the congressional representative makes an inquiry and indicates that he 
or she is acting on behalf of the individual whose record is requested.
    3. To a contractor under contract to the Social Security 
Administration (SSA), or under contract to another agency with funds 
provided by SSA, for the performance of research and statistical 
activities as directly related to this system of records.
    We will disclose information under this routine use only as 
necessary to enable a contactor to assist SSA in accomplishing an 
Agency function relating directly to this system of records.
    4. To the Department of Justice (DOJ), a court or other tribunal, 
or another party before such tribunal when:

    (a) The Social Security Administration (SSA), or any component 
thereof; or
    (b) any SSA employee in his/her official capacity; or
    (c) any SSA employee in his/her individual capacity where DOJ 
(or SSA where it is authorized to do so) has agreed to represent the 
employee; or
    (d) the United States or any agency thereof where SSA determines 
that the litigation is likely to affect the operation of SSA or any 
of its components,

is a party to litigation or has an interest in such litigation, and 
SSA determines that the use of such records by DOJ, a court or other 
tribunal, or another party before such tribunal, is relevant and 
necessary to the litigation, provided, however, that in each case 
SSA determines that such disclosure is compatible with the purpose 
for which the records were collected.

    We will disclose information under this routine use only as 
necessary to enable DOJ to effectively defend SSA, its components or 
employees in litigation involving the proposed new system of records 
and ensure that courts and other tribunals have appropriate 
information.
    5. To student volunteers, individuals working under a personal 
service contract, and other workers who technically do not have the 
status of Federal employees, when they are performing work for the 
Social Security

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Administration (SSA), as authorized by law and they need access to 
personally identifiable information in SSA records in order to perform 
their assigned Agency functions.
    Under certain Federal statutes, SSA is authorized to use the 
service of volunteers and participants in certain educational, 
training, employment and community service programs. Examples of such 
statutes and programs include: 5 U.S.C. 3111 regarding student 
volunteers and 42 U.S.C. 2753 regarding the College Work-Study Program. 
We contemplate disclosing information under this routine use only when 
SSA uses the services of these individuals and they need access to 
information in this system to perform their assigned Agency duties.

B. Compatibility of Proposed Routine Uses

    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 that is compatible with the purpose 
for which we collected the information. Section 401.150(c) of SSA 
regulations permits us to disclose information under a routine use 
where necessary to carry out SSA programs. The proposed routine uses 
will ensure SSA's efficient administration of its programs related to 
the Agency's representative payment policies. Thus, all routine uses 
are appropriate and meet the relevant statutory and regulatory 
criteria.

III. Record Storage Medium and Safeguards for the Information 
Maintained in the Proposed RPBSD System

    The proposed new system of records will maintain information in 
electronic and manual forms. Only authorized SSA and contractor 
personnel who have a need for the information in the performance of 
their official duties are permitted access to the information. We will 
safeguard the security of the information by requiring the use of 
access codes to enter the computer system that will maintain the data 
and will store computerized records in secured areas that are 
accessible only to employees who require the information in performing 
their official duties. Manually maintained records are kept in locked 
cabinets or in otherwise secure areas.
    All SSA personnel receive annual reminders of the need to protect 
personal data to which they have access for official purposes and are 
reminded of the criminal penalties that apply to unauthorized access to 
or disclosure of personal information. See 5 U.S.C. 552a(i)(1). 
Furthermore, SSA employees having access to SSA databases maintaining 
personal information must sign a sanction document annually, 
acknowledging their accountability for making unauthorized access to or 
disclosure of such information.
    Contractor personnel having access to data in the proposed system 
of records will be required to adhere to SSA rules concerning 
safeguards, access and use of the data.

IV. Effect of the Proposed RPBSD System on the Rights of Individuals

    The proposed RPBSD system consists of data gathered during a 
specific period to assess SSA's representative payee policies and 
prepare a subsequent report outlining potential recommendations for 
change or further review. Participation in the survey is voluntary and 
selected individuals will be given the opportunity to agree to 
participate in the survey or decline to do so. SSA will adhere to all 
applicable provisions of the Privacy Act and other Federal statutes 
that govern our use and disclosure of the information that will be 
maintained in the proposed RPBSD system. Therefore, we do not 
anticipate that the proposed system of records will have any 
unwarranted adverse effect on the privacy or other rights of 
individuals.

    Dated: March 17, 2006.
Jo Anne B. Barnhart,
Commissioner.
SYSTEM NUMBER: 60-0370

System name:
    Representative Payee and Beneficiary Survey Data System, Social 
Security Administration (SSA)/Office of Income Security Programs 
(OISP).

Security classification:
    None.

System location:
    Office of Income Support Programs, Social Security Administration, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Records may also be maintained at contractor sites. Contact the 
system manager at the address below to obtain contractor addresses.

Categories of individuals covered by the system:
    This system maintains information about selected samples of 
representative payees and their beneficiaries receiving benefits under 
Title II and/or Title XVI of the Social Security Act.

Categories of records in the system:
    Information in this system consists of data gathered during a 
specific study period to assess SSA's representative payee policies. 
This data will include identifiable information, such as name, Social 
Security number (SSN) and address, and survey information concerning 
representative payee and beneficiary demographic characteristics, 
record identifiers, descriptions of residence and living situations, 
and relationship of beneficiaries to the representative payees. Survey 
data will also cover the beneficiary's financial account information 
related to the representative payee's responsibilities, information 
concerning both the beneficiary and representative payee's knowledge of 
actual representative payee duties, and their perceptions of the 
beneficiary's need for this particular relationship and how these 
duties are being performed. Some limited information such as SSN, 
monthly benefit amount and diagnostic codes from SSA's administrative 
records and from current systems maintaining information relative to 
the selection of representative payees to claimants and beneficiaries 
may also be captured in this system to supplement and effectively 
support SSA's use of the survey data.

Authority for maintenance of the system:
    Section 107 of Pub. L. No. 108-203, the Social Security Protection 
Act of 2004, that amended Section 1110 of the Social Security Act (42 
U.S.C. 1310).

Purpose(s):
    Information in this system will assist SSA in assessing how 
payments made to representative payees, who are not subject to on-site 
reviews or other random reviews under SSA policy or law, are managed 
and used on behalf of the beneficiaries.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    Disclosure may be made for routine uses as indicated below:
    1. To the Office of the President for responding to an inquiry 
received from that individual or from a third party acting on that 
individual's behalf.
    2. To a congressional office in response to an inquiry from that 
office made on behalf of a subject of a record.
    3. To a contractor under contract to the Social Security 
Administration (SSA), or under contract to another agency with funds 
provided by SSA, for the performance of research and statistical 
activities as directly related to this system of records.

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    4. To Department of Justice (DOJ), a court or other tribunal, or 
another party before such tribunal when:
    a. The Social Security Administration (SSA), any component thereof, 
or
    b. Any SSA employee in his/her official capacity; or
    c. Any SSA employee in his/her individual capacity where DOJ (or 
SSA where it is authorized to do so) has agreed to represent the 
employee; or
    d. The United States or any agency thereof where SSA determines 
that the litigation is likely to affect the operations of SSA or any of 
its components,

is a party to litigation or has an interest in such litigation, and SSA 
determines that the use of such records by DOJ, a court or other 
tribunal, or another party before such tribunal is relevant and 
necessary to the litigation, provided, however, that in each case, SSA 
determines that such disclosure is compatible with the purpose for 
which the records were collected.

    5. To student volunteers, individuals working under a personal 
service contract, and other workers who technically do not have the 
status of Federal employees, when they are performing work for the 
Social Security Administration (SSA), as authorized by law and they 
need access to personally identifiable information in SSA records in 
order to perform their assigned Agency functions.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records in this system are maintained electronically and manually.

Retrievability:
    Records in this system will be retrieved by the name or SSN of the 
representative payee, or name or SSN of the beneficiary/recipient.

Safeguards:
    The system of records will maintain information in electronic and 
manual forms. Only authorized SSA and contractor personnel who have a 
need for the information in the performance of their official duties 
are permitted access to the information. We will safeguard the security 
of the information by requiring the use of access codes to enter the 
computer system that will maintain the data and will store computerized 
records in secured areas that are accessible only to employees who 
require the information in performing their official duties. Manually 
maintained records are kept in locked cabinets or in otherwise secure 
areas.
    Contractor personnel having access to data in the system of records 
will be required to adhere to SSA rules concerning safeguards, access 
and use of the data.
    SSA and contractor personnel having access to the data in this 
system will be informed of the criminal penalties of the Privacy Act 
for unauthorized access to, or disclosure of, information maintained in 
this system. See 5 U.S.C. 552a(i)(1).

Retention and disposal:
    Survey data will be populated into the system via a flat file 
produced by SSA's Office of Systems from the Master Representative 
Payee File system of records using the criteria specified by section 
205(j) of the Social Security Act. This flat file will also contain 
current beneficiary contact data from the Master Beneficiary Record 
and/or the Supplemental Security Income and Special Veterans Benefits 
Record systems of records and some limited information from SSA's 
administrative records.
    The system will cover only events related to the closed period of 
May through September of 2006, through the initial population of the 
database from SSA's RPS in March 2006.
    In order to comply with the National Archives and Records 
Administration regulations, data will be destroyed after a seven-year 
retention period per Records Schedule NC1-47-81-9.

System manager and address:
    Associate Commissioner, Office of Income Security Programs, Social 
Security Administration, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401.

Notification procedure:
    This system contains limited data selected for statistical 
analysis. Individuals inquiring about their records in SSA programs may 
wish to consult other SSA systems of records which contain more 
detailed information.
    An individual can determine if this system contains a record about 
him/her by writing to the systems manager at the above address and 
providing his/her name, SSN or other information that may be in the 
system of records that will identify him/her. An individual requesting 
notification of records in person should provide the same information, 
as well as provide an identity document, preferably with a photograph, 
such as a driver's license or some other means of identification. If an 
individual does not have any identification documents sufficient to 
establish his/her identity, the individual must certify in writing that 
he/she is the person claimed to be and that he/she understands that the 
knowing and willful request for, or acquisition of, a record pertaining 
to another individual under false pretenses, is a criminal offense. 
These procedures are in accordance with SSA's Regulations at 20 CFR 
401.40(c).
    If notification is requested by telephone, an individual must 
verify his/her identity by providing identifying information that 
parallels information in the record to which notification is being 
requested. If it is determined that the identifying information 
provided by telephone is insufficient, the individual will be required 
to submit a request in writing or in person. If an individual is 
requesting information by telephone on behalf of another individual, 
the subject individual must be connected with SSA and the requesting 
individual in the same phone call. SSA will establish the subject 
individual's identity (his/her name, SSN, address, date and place of 
birth, along with one other piece of information, such as mother's 
maiden name) and ask for his/her consent in providing information to 
the requesting individual. These procedures are in accordance with 
SSA's Regulations at 20 CFR 401.40(c).
    If notification is requested by mail, an individual must include a 
notarized statement to SSA to verify his/her identity or must certify 
in the request that he/she is the person claimed to be and that he/she 
understands that the knowing and willful request for access to records 
concerning another individual under false pretense is a criminal 
offense. These procedures are in accordance with SSA Regulations at 20 
CFR 401.40(c).

Record access procedures:
    Same as Notification procedures. Also, an individual requesting 
access should reasonably identify and specify the information he/she is 
attempting to obtain. These procedures are in accordance with SSA 
Regulations (20 CFR 401.40(c)).

Contesting record procedures:
    Same as Notification procedures. Requesters should also reasonably 
identify the record, specify the information they are contesting and 
the corrective action sought, and the reasons for the correction, with 
supporting justification showing how the record is untimely, 
incomplete, inaccurate, or irrelevant. These procedures are in 
accordance with SSA Regulations (20 CFR 401.65(a)).

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Record source categories:
    Information in this system of records is obtained from 
representative payees, beneficiaries and existing SSA systems of 
records such as the Master Beneficiary Record, 60-0090; Supplemental 
Security Income and Special Veterans Benefits Record, 60-0103; Master 
Representative Payee File, 60-0222; and survey data collected by the 
Contractor.

Systems exempt from certain provisions of the Privacy Act:
    None.

 [FR Doc. E6-4666 Filed 3-30-06; 8:45 am]
BILLING CODE 4191-02-P