Privacy Act of 1974; as Amended New System of Records and New Routine Use Disclosures, 12774-12777 [05-4988]

Download as PDF 12774 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices 4. Employee Work Activity Questionnaire—20 CFR 404.1574, 404.1592—0960–0483 When a possible unsuccessful work attempt or a subsidy is involved, as described in regulations 20 CFR 404.1574(a)(1), (2) and (3), form SSA– 3033 is used to request a description of the employee’s work effort. The data is evaluated to determine if the claimant meets the disability requirements of the law. The information is collected through form SSA–3033 or by telephone contact, only in cases where it cannot be obtained through electronic data matches with other Federal agencies and/or State agencies. Type of Request: Revision of an OMBapproved information collection. Number of Respondents: 15,000. Frequency of Response: 1. Average Burden Per Response: 15 minutes. Estimated Annual Burden: 3,750 hours. 5. Statement Regarding the Inferred Death of an Individual by Reason of Continued and Unexplained Absence— 20 CFR 404.720 and 404.721—0960– 0002 SSA will use the information collected on form SSA–723 in making its determination that the missing person may be presumed deceased and, if so, to establish a date of presumed death. The respondents are persons who have knowledge about the disappearance of the missing person. Type of Request: Extension of an OMB-approved information collection. Number of Respondents: 3,000. Frequency of Response: 1. Average Burden Per Response: 30 minutes. Estimated Annual Burden: 1,500 hours. Dated: March 9, 2005. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. 05–4987 Filed 3–14–05; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION Privacy Act of 1974; as Amended New System of Records and New Routine Use Disclosures AGENCY: Social Security Administration (SSA). Proposed new system of records and proposed routine uses. ACTION: SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 our intent to establish a new system of records entitled Representative Payee/ Misuse Restitution Control System (RP/ MRCS), 60–0318, and routine uses applicable to this system of records. Hereinafter, we will refer to the proposed system of records as the RP/ MRCS. We invite public comments 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 (OMB) on January 26, 2005. The proposed system of records and routine uses will become effective on March 6, 2005, 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. Joyce Schaul, Social Insurance Specialist, Office of Public Disclosure, Office of the General Counsel, Social Security Administration, Room 3–A–6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235, e-mail address at joyce.schaul@ssa.gov, or by telephone at (410) 965–5662. SUPPLEMENTARY INFORMATION: I. Background and Purpose of the Proposed New System of Records Entitled the RP/MRCS System A. General Background On March 4, 2004, President Bush signed into law the Social Security Protection Act of 2004 (Pub. L. 108– 203), which amended section 205(j) of the Social Security Act. Included in the amendment is a requirement for the Commissioner of Social Security to reissue benefits under Title II or XVI whenever an individual representative payee serving 15 or more beneficiaries or an organizational representative payee is found to have misused a beneficiary’s funds. This is effective for determinations of misuse on or after January 1, 1995. To carry out this function as required under the amended section 205(j), SSA must collect and PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 maintain certain identifying information about: (1) representative payees that have misused benefits; (2) beneficiaries whose benefits have been misused; and (3) the relationship between the representative payee and the beneficiary. B. Collection and Maintenance of the Data for the Proposed New System of Records Entitled the RP/MRCS System SSA must collect and maintain certain identifying information about representative payees that have misused benefits; beneficiaries whose benefits have been misused; and, the relationship between the representative payee and the beneficiary. We will retrieve information from the proposed system of records by using the individual’s name and/or Social Security number. Thus the RP/MRCS system will constitute a system of records under the Privacy Act of 1974, as amended. II. Proposed Routine Use Disclosures of Data Maintained in the Proposed RP/ MRCS A. Proposed Routine Use Disclosures We are proposing to establish routine uses of information that will be maintained in the proposed RP/MRCS as discussed below. 1. 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 the Department of Justice (DOJ), a court or other tribunal, or another party before such tribunal when: E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices (a) 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 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. Disclosure of any information defined as ‘‘return or return information’’ under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) will not be made unless authorized by a statute, the Internal Revenue Service (IRS), or IRS regulations. 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. 4. To contractors and other Federal Agencies, as necessary, for the purpose of assisting SSA in the efficient administration of its programs. We contemplate disclosing information under this routine use only in situations in which SSA may enter into a contractual or similar agreement with a third party to assist in accomplishing an Agency function relating to this system of records. We will disclose information under this routine use only in situations in which SSA may enter into a contractual agreement or similar agreement with a third party to assist in accomplishing an Agency function relating to this system of records. 5. To student volunteers, individuals working under a personal service contract, and other individuals performing functions for SSA but technically not having the status of Agency employees, if they need access to the 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 VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 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. 6. Non-tax return information which is not restricted from disclosure by Federal law may be disclosed to the General Services Administration (GSA) and the National Archives and Records Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by NARA Act of 1984, for the use of those agencies in conducting records management studies. The Administrator of GSA and the Archivist of NARA are charged by 44 U.S.C. 2904, as amended, with promulgating standards, procedures and guidelines regarding record management and conducting records management studies. 44 U.S.C. 2906, as amended, provides that GSA and NARA are to have access to Federal agencies’ records and that agencies are to cooperate with GSA and NARA. In carrying out these responsibilities, it may be necessary for GSA and NARA to have access to this proposed system of records. In such instances, the routine use will facilitate disclosure. 7. To Federal, State, and local law enforcement agencies and private security contractors, as appropriate, information necessary: • To enable them to protect the safety of SSA employees and customers, the security of the SSA workplace, and the operation of SSA facilities, or • To assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupt the operation of SSA facilities. We will disclose information under this routine use to law enforcement agencies and private security contractors when information is needed to respond to, investigate, or prevent, activities that jeopardize the security and safety of SSA customers, employees or workplaces or that otherwise disrupt the operation of SSA facilities. Information would also be disclosed to assist in the prosecution of persons charged with violating Federal or local law in connection with such activities. B. Compatibility of Proposed Routine Uses The Privacy Act (5 U.S.C. 552a(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 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 12775 the information. SSA’s Regulations at 20 CFR 401.150(c) permit us to disclose information under a routine use where necessary to carry out SSA programs. SSA’s Regulations at 20 CFR 401.120 provide that we will disclose information when a law specifically requires the disclosure. The proposed routine uses numbered 1 through 5 and 7 above will ensure efficient administration of SSA programs administered through the RP/MRCS; the disclosure that would be made under routine use number 6 is required by law. The proposed routine uses are appropriate and meet the relevant statutory and regulatory criteria. III. Records Storage Medium and Safeguards for the Proposed New System Entitled the RP/MRCS SSA will maintain information in the RP/MRCS in electronic and paper form. Only authorized SSA and contractor personnel who have a need for the information in the performance of their official duties will be 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 to perform their official duties. Any manually maintained records will be kept in locked cabinets or in otherwise secure areas. 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 RP/MRCS 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 on 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). IV. Effect of the Proposed RP/MRCS on the Rights of Individuals The proposed new system of records will maintain only that information that is necessary for the efficient and effective control and processing of the RP/MRCS in order to investigate certain misuse cases to determine whether the beneficiary has been repaid by either SSA or the representative payee. Security measures will be employed that protect access to and preclude unauthorized disclosure of records in E:\FR\FM\15MRN1.SGM 15MRN1 12776 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices the proposed system of records. Therefore, we do not anticipate that the proposed system of records will have an unwarranted adverse effect on the rights of individuals. Dated: January 25, 2005. Jo Anne B. Barnhart, Commissioner. Notice of System of Records Required by the Privacy Act of 1974; as Amended System Number: 60–0318. Representative Payee/Misuse Restitution Control System (RP/MRCS), Office of the Deputy Commissioner for Disability and Income Security Programs, Associate Commissioner for Income Security Programs. SECURITY CLASSIFICATION: None. SYSTEM LOCATION: Associate Commissioner for Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system maintains information about representative payees that have misused benefits and beneficiaries/ recipients whose benefits have been misused. CATEGORIES OF RECORDS IN THE SYSTEM: Data in this system consist of: (1) Names, mailing address, location address, phone number, employee identification number (EIN)/Social Security number (SSN), and identification number of representative payees; (2) Names, SSNs or other crossreferenced account numbers, the program in which the misuse occurred (Title II or Title XVI), current address, payment status, misuse amount, misuse determination date, misuse start date, misuse end date and SSA negligence code (Y or N) of beneficiaries/recipients; and (3) The original amount refunded by payee, original amount restored by SSA, new amount refunded by payee, new amount restored by SSA, case outcome and completion date. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Social Security Protection Act of 2004 (Pub. L. 108–203); Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)). 15:31 Mar 14, 2005 Information in this system will assist SSA in investigating certain representative payee misuse cases going back to January 1, 1995, to determine whether the beneficiary has been repaid by either SSA or the representative payee. The information in this system will also be used to control completion of cases and to provide details about how the case was resolved. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: SYSTEM NAME: VerDate jul<14>2003 PURPOSE(S): Jkt 205001 Disclosure may be made for routine uses as indicated below. However, disclosure of any information defined as ‘‘return’’ or ‘‘return information’’ under 26 U.S.C. 6103 of the Internal Revenue Code will not be made unless authorized by a statute, the Internal Revenue Service (IRS) or IRS regulations. 1. 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. 2. To a congressional office in response to an inquiry from that office made at the request of the subject of a record. 3. To the Department of Justice (DOJ), a court or other tribunal, or another party before such tribunal when: (a) 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 operations of SSA or any of its components, is 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. Disclosure may be made for routine uses as indicated below. However, disclosure of any information defined as ‘‘return’’ or ‘‘return information’’ under 26 U.S.C. 6103 of the Internal Revenue Code will not be made unless authorized by a statute, the Internal Revenue Service (IRS) or IRS regulations. 4. To contractors and other Federal agencies, as necessary, for the purpose of assisting SSA in the efficient PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 administration of its programs. We contemplate disclosing information under this routine use only in situations in which SSA may enter into a contractual or similar agreement with a third party to assist in accomplishing an Agency function relating to this system of records. 5. To student volunteers, individuals working under a personal services contract, and other individuals performing functions for SSA, but technically not having the status of Agency employees if they need access to the records in order to perform their assigned Agency functions. 6. Non-tax return information which is not restricted from disclosure by Federal law may be disclosed to the General Services Administration (GSA) and the National Archives and Records Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by NARA Act of 1984, for the use of those Agencies in conducting records management studies. 7. To Federal, State, and local law enforcement agencies and private security contractors, as appropriate, information necessary: • To enable them to protect the safety of SSA employees and the public, the security of the SSA workplace, the operation of SSA facilities, or • To assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupt the operation of SSA facilities. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in this system are maintained electronically. RETRIEVABILITY: Records in this system will be retrieved by the name, SSN or EIN of the representative payee, or name or SSN of the beneficiary/recipient. SAFEGUARDS: Security measures include the use of access codes to enter the computer system which will maintain the data and the storage of computerized records in secured areas which are accessible only to employees who require the information in performing their official duties. SSA employees who have access to the data will be informed of the criminal penalties of the Privacy Act for unauthorized access to, or disclosure of, information maintained in the system. See 5 U.S.C. 552a(i)(1). Contractor personnel having access to data in the system of records will be E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices required to adhere to SSA rules concerning safeguards, access and use of the data. RETENTION AND DISPOSAL: Misuse data and contact information about misusers (payees) will be populated into RP/MRCS via a flat file produced by the Office of Systems from the Representative Payee System (RPS) 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 Record. Once the data is loaded into RP/ MRCS, field offices will develop the status of repayment of each misuse event and post resolution information. Management information regarding cases pending and cleared will be collected and reported, as will information about case resolution. Data collected during the course of an RP/MCRS action is stored in a database on the Dallas Regional Office’s Windows servers. Only a limited number of new records (those that were not recorded on RPS) will be added to the database. RP/MRCS will cover only misuse events related to the closed period of January 1, 1995, through the initial population of the database from SSA’s Representative Payee System in April 2004. Records in the system will be retained for 12 months after the final data are posted and then they will be archived. SYSTEM MANAGER(S): Associate Commissioner for Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401. under false pretenses, is a criminal offense. (20 CFR 401.40). If notification is requested by telephone, an individual must verify his/her identity by providing identifying information that parallels 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 of birth, 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. (20 CFR 401.45) If a request for notification is submitted 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, or acquisition of, a record pertaining to another individual under false pretenses, is a criminal offense. These procedures are in accordance with SSA Regulations (20 CFR 401.45). RECORD ACCESS PROCEDURE(S): Same as Notification procedures. Requesters also should reasonably specify the record contents they are seeking. These procedures are in accordance with SSA Regulations (20 CFR 401.40). CONTESTING RECORD PROCEDURE(S): NOTIFICATION PROCEDURE(S): An individual can determine if this system contains a record about him/her by writing to the systems manager(s) 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 VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 Same as Notification procedures. Requesters should also reasonably identify the record, specify the information they are contesting, and state 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). RECORD SOURCE CATEGORIES: Information in this system of records is obtained from existing systems of records such as the Claims Folder System, 60–0089, Master Beneficiary Record, 60–0090, Supplemental Security Income Record and Special Veterans Benefits, 60–0103 and the Master Representative Payee File, 60– 0222. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 12777 SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: None. [FR Doc. 05–4988 Filed 3–14–05; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE [Public Notice 5016] Secretary of State’s Advisory Committee on Private International Law: Notice of Meeting SUMMARY: There will be a public meeting of the Study Group on Enforcement of Judgments of the Secretary of State’s Advisory Committee on Private International Law, from 2 pm to 6 pm on Tuesday March 29 at the new headquarters of the U.S. Patent & Trademark Office: Henry Remsen Building, 400 Dulany Street, Conference Center (Lobby Level), Alexandria, VA 22313–1450. Full Text: The Department of State, in conjunction with the U.S. Patent and Trademark Office and other Federal agencies, is convening a meeting of the Secretary of State’s Advisory Committee on Private International Law, Study Group on Enforcement of Judgments, in order to seek consultations on the proposed draft Hague Convention on Exclusive Choice of Court Agreements. The draft Convention will be considered at the 20th Diplomatic Session of the Hague Conference on Private International Law, June 14–30, 2005, and is expected to be adopted and opened for signature at that time. The meeting of the Advisory Committee will bring experts from industry, trade associations, bar associations, non-governmental associations, and other interested parties to consider in more detail those aspects of the draft convention that bear on intellectual property rights and related litigation, in order to assist the U.S. delegation prepare for the Diplomatic Conference. The current draft of the proposed convention may be found on the Web site of the Hague Conference (https://www.hcch.net). The meeting will be held from 2 pm to 6 pm on Tuesday March 29, at the new headquarters of the U.S. Patent & Trademark Office: Henry Remsen Building, 400 Dulany Street, Conference Center (Lobby Level), Alexandria, VA 22313–1450. The meeting is open to the public up to the capacity of the meeting room. Interested persons are invited to attend and to express their views. Persons who wish to have their views considered are encouraged, but not required, to submit written comments in E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12774-12777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4988]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974; as Amended New System of Records and New 
Routine Use Disclosures

AGENCY: Social Security Administration (SSA).

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

-----------------------------------------------------------------------

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 Representative Payee/Misuse Restitution 
Control System (RP/MRCS), 60-0318, and routine uses applicable to this 
system of records. Hereinafter, we will refer to the proposed system of 
records as the RP/MRCS. We invite public comments 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 
(OMB) on January 26, 2005. The proposed system of records and routine 
uses will become effective on March 6, 2005, 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. Joyce Schaul, Social Insurance 
Specialist, Office of Public Disclosure, Office of the General Counsel, 
Social Security Administration, Room 3-A-6 Operations Building, 6401 
Security Boulevard, Baltimore, Maryland 21235, e-mail address at 
joyce.schaul@ssa.gov, or by telephone at (410) 965-5662.

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the Proposed New System of Records 
Entitled the RP/MRCS System

A. General Background

    On March 4, 2004, President Bush signed into law the Social 
Security Protection Act of 2004 (Pub. L. 108-203), which amended 
section 205(j) of the Social Security Act. Included in the amendment is 
a requirement for the Commissioner of Social Security to re-issue 
benefits under Title II or XVI whenever an individual representative 
payee serving 15 or more beneficiaries or an organizational 
representative payee is found to have misused a beneficiary's funds. 
This is effective for determinations of misuse on or after January 1, 
1995. To carry out this function as required under the amended section 
205(j), SSA must collect and maintain certain identifying information 
about: (1) representative payees that have misused benefits; (2) 
beneficiaries whose benefits have been misused; and (3) the 
relationship between the representative payee and the beneficiary.

B. Collection and Maintenance of the Data for the Proposed New System 
of Records Entitled the RP/MRCS System

    SSA must collect and maintain certain identifying information about 
representative payees that have misused benefits; beneficiaries whose 
benefits have been misused; and, the relationship between the 
representative payee and the beneficiary. We will retrieve information 
from the proposed system of records by using the individual's name and/
or Social Security number. Thus the RP/MRCS system will constitute a 
system of records under the Privacy Act of 1974, as amended.

II. Proposed Routine Use Disclosures of Data Maintained in the Proposed 
RP/MRCS

A. Proposed Routine Use Disclosures

    We are proposing to establish routine uses of information that will 
be maintained in the proposed RP/MRCS as discussed below.
    1. 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 the Department of Justice (DOJ), a court or other tribunal, 
or another party before such tribunal when:

[[Page 12775]]

    (a) 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 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.
    Disclosure of any information defined as ``return or return 
information'' under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) 
will not be made unless authorized by a statute, the Internal Revenue 
Service (IRS), or IRS regulations.
    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.
    4. To contractors and other Federal Agencies, as necessary, for the 
purpose of assisting SSA in the efficient administration of its 
programs. We contemplate disclosing information under this routine use 
only in situations in which SSA may enter into a contractual or similar 
agreement with a third party to assist in accomplishing an Agency 
function relating to this system of records.
    We will disclose information under this routine use only in 
situations in which SSA may enter into a contractual agreement or 
similar agreement with a third party to assist in accomplishing an 
Agency function relating to this system of records.
    5. To student volunteers, individuals working under a personal 
service contract, and other individuals performing functions for SSA 
but technically not having the status of Agency employees, if they need 
access to the 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.
    6. Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to the General Services 
Administration (GSA) and the National Archives and Records 
Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by NARA 
Act of 1984, for the use of those agencies in conducting records 
management studies.
    The Administrator of GSA and the Archivist of NARA are charged by 
44 U.S.C. 2904, as amended, with promulgating standards, procedures and 
guidelines regarding record management and conducting records 
management studies. 44 U.S.C. 2906, as amended, provides that GSA and 
NARA are to have access to Federal agencies' records and that agencies 
are to cooperate with GSA and NARA. In carrying out these 
responsibilities, it may be necessary for GSA and NARA to have access 
to this proposed system of records. In such instances, the routine use 
will facilitate disclosure.
    7. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
     To enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace, and the operation of SSA 
facilities, or
     To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupt the operation of SSA facilities.
    We will disclose information under this routine use to law 
enforcement agencies and private security contractors when information 
is needed to respond to, investigate, or prevent, activities that 
jeopardize the security and safety of SSA customers, employees or 
workplaces or that otherwise disrupt the operation of SSA facilities. 
Information would also be disclosed to assist in the prosecution of 
persons charged with violating Federal or local law in connection with 
such activities.

B. Compatibility of Proposed Routine Uses

    The Privacy Act (5 U.S.C. 552a(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. SSA's Regulations at 20 CFR 
401.150(c) permit us to disclose information under a routine use where 
necessary to carry out SSA programs. SSA's Regulations at 20 CFR 
401.120 provide that we will disclose information when a law 
specifically requires the disclosure. The proposed routine uses 
numbered 1 through 5 and 7 above will ensure efficient administration 
of SSA programs administered through the RP/MRCS; the disclosure that 
would be made under routine use number 6 is required by law. The 
proposed routine uses are appropriate and meet the relevant statutory 
and regulatory criteria.

III. Records Storage Medium and Safeguards for the Proposed New System 
Entitled the RP/MRCS

    SSA will maintain information in the RP/MRCS in electronic and 
paper form. Only authorized SSA and contractor personnel who have a 
need for the information in the performance of their official duties 
will be 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 to perform their official duties. 
Any manually maintained records will be kept in locked cabinets or in 
otherwise secure areas. 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 RP/MRCS 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 on 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).

IV. Effect of the Proposed RP/MRCS on the Rights of Individuals

    The proposed new system of records will maintain only that 
information that is necessary for the efficient and effective control 
and processing of the RP/MRCS in order to investigate certain misuse 
cases to determine whether the beneficiary has been repaid by either 
SSA or the representative payee. Security measures will be employed 
that protect access to and preclude unauthorized disclosure of records 
in

[[Page 12776]]

the proposed system of records. Therefore, we do not anticipate that 
the proposed system of records will have an unwarranted adverse effect 
on the rights of individuals.

    Dated: January 25, 2005.
Jo Anne B. Barnhart,
Commissioner.

Notice of System of Records Required by the Privacy Act of 1974; as 
Amended

System Number: 60-0318.

System Name:
    Representative Payee/Misuse Restitution Control System (RP/MRCS), 
Office of the Deputy Commissioner for Disability and Income Security 
Programs, Associate Commissioner for Income Security Programs.

Security Classification:
    None.

System Location:
    Associate Commissioner for Income Security Programs, Social 
Security Administration, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401.

Categories of Individuals Covered By the System:
    This system maintains information about representative payees that 
have misused benefits and beneficiaries/recipients whose benefits have 
been misused.

Categories of Records in the System:
    Data in this system consist of:
    (1) Names, mailing address, location address, phone number, 
employee identification number (EIN)/Social Security number (SSN), and 
identification number of representative payees;
    (2) Names, SSNs or other cross-referenced account numbers, the 
program in which the misuse occurred (Title II or Title XVI), current 
address, payment status, misuse amount, misuse determination date, 
misuse start date, misuse end date and SSA negligence code (Y or N) of 
beneficiaries/recipients; and
    (3) The original amount refunded by payee, original amount restored 
by SSA, new amount refunded by payee, new amount restored by SSA, case 
outcome and completion date.

Authority for Maintenance of the System:
    The Social Security Protection Act of 2004 (Pub. L. 108-203); 
Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)).

Purpose(s):
    Information in this system will assist SSA in investigating certain 
representative payee misuse cases going back to January 1, 1995, to 
determine whether the beneficiary has been repaid by either SSA or the 
representative payee. The information in this system will also be used 
to control completion of cases and to provide details about how the 
case was resolved.

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. 
However, disclosure of any information defined as ``return'' or 
``return information'' under 26 U.S.C. 6103 of the Internal Revenue 
Code will not be made unless authorized by a statute, the Internal 
Revenue Service (IRS) or IRS regulations.
    1. 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.
    2. To a congressional office in response to an inquiry from that 
office made at the request of the subject of a record.
    3. To the Department of Justice (DOJ), a court or other tribunal, 
or another party before such tribunal when:
    (a) 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 operations of SSA or any of 
its components, is 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.
    Disclosure may be made for routine uses as indicated below. 
However, disclosure of any information defined as ``return'' or 
``return information'' under 26 U.S.C. 6103 of the Internal Revenue 
Code will not be made unless authorized by a statute, the Internal 
Revenue Service (IRS) or IRS regulations.
    4. To contractors and other Federal agencies, as necessary, for the 
purpose of assisting SSA in the efficient administration of its 
programs. We contemplate disclosing information under this routine use 
only in situations in which SSA may enter into a contractual or similar 
agreement with a third party to assist in accomplishing an Agency 
function relating to this system of records.
    5. To student volunteers, individuals working under a personal 
services contract, and other individuals performing functions for SSA, 
but technically not having the status of Agency employees if they need 
access to the records in order to perform their assigned Agency 
functions.
    6. Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to the General Services 
Administration (GSA) and the National Archives and Records 
Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by NARA 
Act of 1984, for the use of those Agencies in conducting records 
management studies.
    7. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
     To enable them to protect the safety of SSA employees and 
the public, the security of the SSA workplace, the operation of SSA 
facilities, or
     To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupt the operation of SSA facilities.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
Storage:
    Records in this system are maintained electronically.

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

Safeguards:
    Security measures include the use of access codes to enter the 
computer system which will maintain the data and the storage of 
computerized records in secured areas which are accessible only to 
employees who require the information in performing their official 
duties. SSA employees who have access to the data will be informed of 
the criminal penalties of the Privacy Act for unauthorized access to, 
or disclosure of, information maintained in the system. See 5 U.S.C. 
552a(i)(1).
    Contractor personnel having access to data in the system of records 
will be

[[Page 12777]]

required to adhere to SSA rules concerning safeguards, access and use 
of the data.

Retention and Disposal:
    Misuse data and contact information about misusers (payees) will be 
populated into RP/MRCS via a flat file produced by the Office of 
Systems from the Representative Payee System (RPS) 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 Record.
    Once the data is loaded into RP/MRCS, field offices will develop 
the status of repayment of each misuse event and post resolution 
information. Management information regarding cases pending and cleared 
will be collected and reported, as will information about case 
resolution.
    Data collected during the course of an RP/MCRS action is stored in 
a database on the Dallas Regional Office's Windows servers. Only a 
limited number of new records (those that were not recorded on RPS) 
will be added to the database. RP/MRCS will cover only misuse events 
related to the closed period of January 1, 1995, through the initial 
population of the database from SSA's Representative Payee System in 
April 2004.
    Records in the system will be retained for 12 months after the 
final data are posted and then they will be archived.

System Manager(s):
    Associate Commissioner for Income Security Programs, Social 
Security Administration, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401.

Notification Procedure(s):
    An individual can determine if this system contains a record about 
him/her by writing to the systems manager(s) 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. (20 
CFR 401.40).
    If notification is requested by telephone, an individual must 
verify his/her identity by providing identifying information that 
parallels 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 of birth, 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. 
(20 CFR 401.45)
    If a request for notification is submitted 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, or 
acquisition of, a record pertaining to another individual under false 
pretenses, is a criminal offense. These procedures are in accordance 
with SSA Regulations (20 CFR 401.45).

Record Access Procedure(s):
    Same as Notification procedures. Requesters also should reasonably 
specify the record contents they are seeking. These procedures are in 
accordance with SSA Regulations (20 CFR 401.40).

Contesting Record Procedure(s):
    Same as Notification procedures. Requesters should also reasonably 
identify the record, specify the information they are contesting, and 
state 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).

Record Source Categories:
    Information in this system of records is obtained from existing 
systems of records such as the Claims Folder System, 60-0089, Master 
Beneficiary Record, 60-0090, Supplemental Security Income Record and 
Special Veterans Benefits, 60-0103 and the Master Representative Payee 
File, 60-0222.

Systems Exempt from Certain Provisions of the Privacy Act:
    None.

[FR Doc. 05-4988 Filed 3-14-05; 8:45 am]
BILLING CODE 4191-02-P
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