TN 25 (07-06)

GN 00605.571 Issuance of Final Onsite Reports Under the Freedom of Information Act (FOIA)

A. Introduction

The Freedom of Information Act provides for the disclosure of any reports based upon audits and reviews conducted by the Federal Government. While the Act was not effective until August 17, 1973, no time frame was placed on the material which could properly be released. Therefore, final representative payee onsite reports prepared prior to or after August 17, 1973 may be released upon request providing the individual beneficiaries are not in any way identifiable. However, raw data such as beneficiary booklets and tabulations used to compile the onsite reports may not be released per section 1106 of the Social Security Act, Regulation No. 1, and the Privacy Act because these documents could be used to identify individual beneficiaries.

B. Policy

In determining what to release on the basis of a third party request, the guidelines below should be followed. The initial report which is shared with the State is a draft report. The final onsite report is the report to be released to the public. The final report would be one of the three following types:

  • If the State agrees with the draft report, that draft then becomes the final report.

  • If the State responds to the draft report with comments but SSA does not feel that any of the comments are valid, the final report would then consist of the draft report and the State's comments. No SSA rebuttals should be included with the report.

  • If the State objects to the draft report and SSA feels that some of the objections are valid, the final report will consist of the corrected draft report and the State's comments. Of course, SSA may not necessarily make all of the changes recommended by the State. If it is apparent to the requester that they have received a revised version of the report (as it would be when the State's comments and the report are compared), and a copy of the original draft is requested, this may also be released to the requester.

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GN 00605.571 - Issuance of Final Onsite Reports Under the Freedom of Information Act (FOIA) - 07/14/2006
Batch run: 04/25/2016