Master = Representative Payee File, Social Security Administration, Office of = Income Security Programs

Effective = Date:=20 February 1, 2006

(71 F.R.=20 5397)

SOCIAL SECURITY = ADMINISTRATION=20 NOTICE OF SYSTEM OF RECORDS REQUIRED BY THE PRIVACY ACT OF = 1974

System = number: = 60-0222

System = name:

Master Representative = Payee File,=20 Social Security Administration, Office of Income Security = Programs.

Security=20 classification:

None. =

System = Location:

National Computer=20 Center

Social Security = Administration

6201 Security=20 Boulevard =

Baltimore, MD=20 21235

The system database will = be=20 available by direct electronic access by Social Security field offices = (FO).=20

Field Office (FO) = addresses and=20 telephone numbers can be found in local telephone directories under = =93Social=20 Security Administration,=94 (SSA) or by accessing:

www.ssa.gov/regions/reg= ional.html.

Categories of = individuals covered=20 by the system:

This system maintains = information=20 about all payees and payee applicants, including persons whose = certifications as=20 representative payees have been revoked or terminated on or after = January 1,=20 1991; persons who have been convicted of a violation of section 208 or = section=20 1632 of the Social Security Act; persons convicted under other statutes = in=20 connection with services as a representative payee; persons whose = certification=20 as a representative payee SSA has revoked due to misuse of funds paid = under=20 Title II and Title XVI of the Social Security Act; persons who are = acting or=20 have acted as representative payees; representative payee applicants who = were=20 not selected to serve as representative payees; representative payee = applicants=20 who have been convicted of an offense resulting in more than one (1) = year=20 imprisonment; payees and payee applicants who have an outstanding felony = warrant; organizational payees who have been authorized to collect a fee = for=20 their service; and beneficiaries/applicants who are being served by=20 representative payees.

Categories of records in = the=20 system: =

Records in this system = consist=20 of:

Names and Social = Security numbers=20 (SSNs) (or employer identification numbers (EINs)) of representative = payees=20 whose certifications for payment of benefits as representative payees = have been=20 revoked or terminated on or after January 1, 1991, because of misuse of = benefits=20 under Title II or Title XVI of the Social Security Act;

Names and SSNs (or EINs) = of all=20 persons convicted of violations of sections 208 or 1632 of the Social = Security=20 Act;

Names, addresses, and = SSNs (or=20 EINs) of persons convicted of violations of statutes other than sections = 208 and=20 1632 of the Social Security Act, when such violations were committed in=20 connection with the individual=92s service as a Social Security = representative=20 payee;

Names, addresses, SSNs, = and=20 information about the crime reported by the payee for those who have an=20 outstanding felony warrant or who have been imprisoned for a period = exceeding=20 one (1) year. (An indicator will be used in the system to identify = persons=20 identified as having an outstanding felony warrant); =

Names, addresses, and = SSNs (or=20 EINs) of representative payees who are receiving benefit payments = pursuant to=20 section 205(j) or section 1631(a)(2) of the Social Security Act; =

Names, addresses, and = SSNs of=20 individuals for whom representative payees are reported to be providing=20 representative payee services under section 205(j) or section 1631(a)(2) = of the=20 Social Security Act;

Names, addresses, and = SSNs of=20 representative payee applicants who were not selected as representative=20 payees;

Names, addresses, and = SSNs of=20 persons who were terminated as representative payees for reasons other = than=20 misuse of benefits paid to them on behalf of beneficiaries/recipients;=20

Information on the = representative=20 payee=92s relationship to the beneficiaries/recipients they serve; =

Names, addresses, EINs = and=20 qualifying information of organizations authorized to charge a fee for = providing=20 representative payee services;

Codes which indicate the = relationship (other than familial) between the beneficiaries/recipients = and the=20 individuals who have custody of the beneficiaries/recipients; =

Dates and reasons for = payee=20 terminations (e.g., performance not acceptable, death of payee, = beneficiary in=20 direct payment, etc.) and revocations;

Codes indicating whether = representative payee applicants were selected or not selected; =

Dates and reasons = representative=20 payee applicants were not selected to serve as payees, and dates and = reasons for=20 changes of payees (e.g., beneficiary in direct payment, etc.); =

Amount of benefits = misused; =20

Identification number = assigned to=20 the claim on which the misuse occurred;

Date of the = determination of=20 misuse; and

Information about a = felony=20 conviction reported by the representative payee.

Authority for = maintenance of the=20 system: Sections 205(a), 205(j), 1631(a) of the Social Security = Act, and=20 the Social Security Protection Act of 2004 (Pub. L. No. = 108-203).

Purpose(s):

Information maintained = in this=20 system will assist SSA in the representative payee selection process by = enabling=20 Social Security field offices to more carefully screen applicants and to = determine their suitability to become representative payees. SSA = also will=20 use the data for management information and workload projection purposes = and to=20 prepare annual reports to Congress on representative payee=20 activities.

Routine uses of records = maintained=20 in the system, including categories of users and the purposes of such=20 uses: Disclosure may be made for routine uses as indicated = below. =20 However, disclosure of any information defined as =93return or return=20 information,=94 under 26 U.S.C. 6103 of the Internal Revenue Code, will = not be=20 disclosed unless authorized by a statute, the Internal Revenue Service = (IRS), or=20 IRS regulations.

=20 To the Department of Justice (DOJ), a court or other tribunal, or = another party=20 before such tribunal, when:

the Social Security = Administration=20 (SSA), or any component thereof; or

any SSA employee in = his/her=20 official capacity; or

any SSA employee in = his/her=20 individual capacity where DOJ (or SSA, where it is authorized to do so) = has=20 agreed to represent the employee; or

the United States or any = agency=20 thereof where SSA determines that the litigation is likely to affect SSA = or any=20 of its components, is a party to litigation or has an interest in such=20 litigation, and SSA determines that the use of such records by DOJ, a = court or=20 other tribunal, or another party before the tribunal, is relevant and = necessary=20 to the litigation, provided, however, that in each case, SSA determines = that=20 such disclosure is compatible with the purpose for which the records = were=20 collected.

To a congressional = office in=20 response to an inquiry from that office made at the request of the = subject of=20 the records.

To the General Services=20 Administration and the National Archives Records Administration (NARA) = under 44=20 U.S.C. =A7 2904 and =A7 2906, as amended by the NARA Act of 1984, = information which=20 is not restricted from disclosure by Federal law for the use of those = agencies=20 in conducting records management studies.

To the Department of = Veterans=20 Affairs, Regional Office, Manila, Philippines, for the administration of = the=20 Social Security Act in the Philippines and other parts of the = Asia-Pacific=20 region, through services and facilities of that agency.

To the Department of = State for=20 administration of the Social Security Act in foreign countries, through = services=20 and facilities of that agency.

To the American = Institute, a=20 private corporation under contract to the Department of State, for = administering=20 the Social Security Act on Taiwan, through facilities and services of = that=20 agency.

To the Department of = Justice=20 for:

&nbs= p; =20 investigating and prosecuting violations of the Social Security Act to = which=20 criminal penalties attach,representing the Commissioner of Social = Security, and=20 investigating issues of fraud or violations of civil rights by officers = or=20 employees of the Social Security Administration.

To the Office of the = President for=20 responding to an inquiry received from that individual or from a third = party=20 acting on that individual's behalf.

To the Department of = Veterans=20 Affairs (DVA) for the shared administration of DVA=92s and the Social = Security=20 Administration's representative payee programs.

To contractors and other = Federal=20 Agencies, as necessary, for the purpose of assisting the Social Security = Administration (SSA) in the efficient administration of its = programs. We=20 will disclose information under this routine use only in situations in = which SSA=20 may enter into a contractual or similar agreement to obtain assistance = in=20 accomplishing an SSA function relating to this system of = records.

To a third party such as = a=20 physician, social worker, or community service worker, who has, or is = expected=20 to have, information which is needed to evaluate one or both of the=20 following:

the claimant's = capability to=20 manage or direct the management of his/her affairs.

any case in = which=20 disclosure aids investigation of suspected misuse of benefits, abuse or = fraud,=20 or is necessary for program integrity, or quality appraisal=20 activities.

To a third party, where = necessary,=20 information pertaining to the identity of a payee or payee applicant, = the fact=20 of the person's application for, or service as, a payee, and, as = necessary, the=20 identity of the beneficiary, to obtain information on employment, = sources of=20 income, criminal justice records, stability of residence and other = information=20 relating to the qualifications and suitability of representative payees, = or=20 representative payee applicants, or their use of the benefits paid to = them under=20 section 205(j) or section 1631(a) of the Social Security Act.

To a claimant, or other = individual=20 authorized to act on his/her behalf, information pertaining to the = address of a=20 representative payee applicant or a selected representative payee when = this=20 information is needed to pursue a claim for recovery of misapplied or = misused=20 benefits.

To the Railroad = Retirement Board=20 (RRB) for the administration of RRB's representative payment = program.

To student volunteers, = individuals=20 working under a personal services contract, and other workers who = technically do=20 not have the status of Federal employees, when they are performing work = for the=20 Social Security Administration (SSA), as authorized by law, and they = need access=20 to personally identifiable information in SSA records in order to = perform their=20 assigned Agency functions.

To the Office of = Personnel=20 Management (OPM) for the administration of OPM's representative payee=20 programs.

=20 To the Secretary of Health and Human Services or to any State, any = record or=20 information requested in writing by the Secretary for the purpose of=20 administering any program administered by the Secretary, if records or=20 information of such type were so disclosed under applicable rules, = regulations=20 and procedures in effect before the date of enactment of the Social = Security=20 Independence and Program Improvements Act of 1994.

Policies and practices = for=20 storing, retrieving, accessing, retaining and disposing of records in = the=20 system:

Storage:

Records are stored in = magnetic=20 media (e.g., magnetic tape, microfilm, and disc) and manual = forms.

Retrievability:

Data are retrieved from = the system=20 by the SSN or the ZIP code and name (in a situation where the = representative=20 payee is an organization) of the representative payee, or the SSN of the = beneficiary/recipient.

Safeguards:

For computerized records = electronically transmitted between Central Office and FO locations = (including=20 organizations administering SSA programs under contractual agreements),=20 safeguards include a lock/unlock password system, exclusive use of = leased=20 telephone lines, a terminal-oriented transaction matrix, and an audit=20 trail. All microfilm files are accessible only by authorized = personnel who=20 have a need for the information in performing their official = duties. =20 Magnetic tapes are in secured storage areas, accessible only to = authorized=20 personnel. Access http://www= .socialsecurity.gov/foia/bluebook/app_g.htm for additional = information=20 relating to SSA data security measures.

Retention and=20 disposal:=20

National Archives and = Records=20 Administration (NARA) guidelines will be followed for retention and = disposal of=20 records in the Master Representative Payee File. Changes = are being=20 made to the Master Representative Payee File to ensure = NARA compliance. To prevent = lost of data,=20 back-up files are maintained on disk file cartridges and are destroyed = after two=20 weeks. =20

System manager(s) and=20 address: =20

Associate Commissioner =

Office of = Income Security=20 Programs

Social Security = Administration

Room 252 = Altmeyer Building=20

6401 Security=20 Boulevard =

Baltimore, Maryland=20 21235

Notification=20 procedures: =20

An individual can = determine if=20 this system contains data about him/her by writing = to the=20 systems manager, at the address shown above, and providing his/her name, = SSN, or=20 other information that may be in the system of records that will = identify=20 him/her. An individual requesting notification of data in = person=20 should provide the same information, as well as provide any identity = document,=20 preferably with a photograph, such as a driver=92s license or some other = means of=20 identification. If an individual does not have any identification=20 documents sufficient to establish his/her identity, the individual must = certify=20 in writing that he/she is the person claimed to be and that he/she = understands=20 that the knowing and willful request for, or acquisition of, a record = pertaining=20 to another individual, under false pretenses, is a criminal = offense.

If notification is = requested by=20 telephone, an individual must verify his/her identity by providing = identifying=20 information that parallels information in the record to which = notification is=20 being requested. If it is determined that the identifying = information=20 provided by telephone is insufficient, the individual will be required = to submit=20 a request in writing or in person. If an individual is requesting=20 information by telephone on behalf of another individual, the subject = individual=20 must be connected with SSA and the requesting individual in the same = phone=20 call. SSA will establish the subject individual=92s identity = (his/her name,=20 SSN, address, date of birth and place of birth, along with one other = piece of=20 information, such as mother=92s maiden name) and ask for his/her consent = in=20 providing information to the requesting individual.

If a request for = notification is=20 submitted by mail, an individual must include a notarized statement to = SSA to=20 verify his/her identity or must certify in the request that he/she is = the person=20 claimed to be and that he/she understands that the knowing and willful = request=20 for access to records concerning another individual, under false = pretense, is a=20 criminal offense.

These procedures are in = accordance=20 with SSA Regulations (20 C.F.R. =A7 401.40(c)).

Record access=20 procedures:=20

Same as Notification=20 procedures. Also, a requester should reasonably identify and = specify the=20 information he/she is attempting to obtain. These procedures are = in=20 accordance with SSA Regulations (20 C.F.R. =A7 401.40(c)).

Contesting record=20 procedures:

Same as Notification=20 procedures. Requester should also reasonably identify the record, = specify=20 the information they are contesting and the corrective action sought, = and the=20 reasons for the correction, with supporting justification showing how = the record=20 is incomplete, untimely, inaccurate or irrelevant. These = procedures are in=20 accordance with SSA Regulations (20 C.F.R. =A7 401.65(a)).

Record source=20 categories: =20

Data in this system are = obtained=20 from representative payee applicants and representative payees, the SSA = Office=20 of Inspector General, and other SSA systems of records, such as the = Claims=20 Folder System, 60-0089; Master Beneficiary Record, 60-0090; Supplemental = Security Income Record and Special Veterans Benefits, 60-0103; Master = Files of=20 SSN Holders and SSN Applications, 60-0058; and Recovery of Overpayments, = Accounting and Reporting, 60-0094.

Systems = exempted from=20 certain provisions of the Privacy Act:

None.