Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 77823

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 the Non-Attorney 

Representative Prerequisites Process 

File, 60–0355, and routine uses 

applicable to this system of records. 

Hereinafter, we will refer to the 

proposed system of records as the 

NARPPF system. The proposed system 

of records will consist of information 

used to determine the eligibility of a 

non-attorney who represents claimants 

before SSA to participate in the 

demonstration project for direct 

payment of fees. 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 

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 December 14, 2004. The 

proposed system of records and routine 

uses will become effective on January 

23, 2005, 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: Mr. 

Vincent A. Dormarunno, Supervisory 

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 

Vincent.A.Dormarunno@ssa.gov, or by 

telephone at (410) 965–3669.

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the 

Proposed New System of Records 

Entitled the NARPPF System 

A. General Background 

The Social Security Protection Act of 

2004 (SSPA) requires the Commissioner 

of Social Security to develop and 

implement a 5-year nationwide 

demonstration project that will extend 

to certain non-attorney representatives 

of claimants under titles II and XVI of 

the Social Security Act the option to 

have approved fees for their 

representation withheld and paid 

directly from a beneficiary’s past-due 

benefits. Currently, by statute this 

option is available only to 

representatives who are attorneys. 

Non-attorney representatives who 

wish to participate in the demonstration 

project must meet the prerequisites 

specified in section 303 of the SSPA, 

and any additional prerequisites that the 

Commissioner may prescribe. 

B. Collection and Maintenance of the 

Data for the Proposed New System of 

Records Entitled the NARPPF System 

SSA and/or its agents will collect and 

maintain the information that will be 

housed in the NARPPF system from 

applicants who have requested 

participation in the Non-Attorney 

Representative Demonstration Project. 

The information maintained in this 

system of records will be maintained in 

manual and electronic formats and will 

include information on all applications 

for participation. Specifically, it will 

contain some or all of the following: (1) 

Application information, including 

filing date and fee information; (2) the 

applicant’s identifying information, 

including name, Social Security number 

(SSN), date and place of birth, business 

address, telephone numbers, e-mail 

addresses, fax numbers and fingerprints; 

(3) a work history, including employer 

names and addresses, dates of 

employment, self-employment 

information, and verification of 

employment; (4) the applicant’s 

educational background and continuing 

education; (5) certain integrity 

information including previous Federal 

employment, suspensions and/or 

terminations of representative 

authorization, criminal background, and 

circumstances for previous employment 

termination, if applicable; (6) 

examination and examination results; 

(7) professional liability insurance 

information; (8) background check and 

report information; (9) direct payment 

eligibility status; (10) post-application 

discovery information including 

previously undisclosed eligibility 

information; and (11) post-eligibility 

audit and evaluation information. We 

will retrieve information from the 

proposed system of records by using the 

individual’s name and/or SSN. Thus the 

NARPPF system will constitute a system 

of records under the Privacy Act. 

II. Proposed Routine Use Disclosures of 

Data Maintained in the Proposed 

NARPPF System 

A. Proposed Routine Use Disclosures 

We are proposing to establish routine 

uses of information that will be 

maintained in the proposed NARPPF 

system 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: 

(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 

77824 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 

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. 

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, participant contractors 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. 

8. To inform a claimant/beneficiary 

that his/her representative is eligible to 

participate in the demonstration project 

or has been disqualified or suspended 

from participating in the demonstration 

project and/or from further 

representations before SSA. 

We will inform individuals if their 

participating representative has been 

determined to be eligible to participate 

in the demonstration project or has been 

disqualified or suspended from further 

participation in this demonstration 

project and/or has been disqualified or 

suspended from further representation 

before SSA. 

9. SSA may disclose information to a 

State agency or other certifying entity 

that uses such eligibility information in 

their certifying procedures.

We may disclose certain eligibility 

information to certifying entities for 

social workers, health care workers or 

others requiring such certifications, who 

have chosen to apply for participation 

in this demonstration project. 

10. SSA may disclose information to 

contractors under contract to SSA and/

or under contract to another agency 

with funds provided by SSA, for the 

performance of research, evaluation and 

statistical activities directly relating to 

this system of records. 

We may disclose certain information 

to contractors under contract to SSA or 

another agency with funds provided by 

SSA, for the purpose of researching, 

evaluating and/or providing statistical 

information directly relating to the 

activities covered by this system of 

records. 

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. 

SSA Regulations at § 401.120 provide 

that we will disclose information when 

a law specifically requires the 

disclosure. The proposed routine uses 

numbered 1 through 5 and numbered 7 

through 10 above will ensure efficient 

administration of the NARPPF system; 

the disclosure that would be made 

under routine use number 6 is required 

by Federal law. Thus, all 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 NARPPF System 

SSA will maintain information in the 

NARPPF system 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. 

Contractor personnel having access to 

data in the proposed system of records 

will be required to adhere to SSA rules 

concerning safeguards, access to 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 New System 

of Records Entitled NARPPF 

The proposed new system of records 

will maintain only that information 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 77825

relevant to determining the eligibility of 

applicants that request participation in 

the section 303 Demonstration Project 

Extending Direct Payments to NonAttorney Representatives. Additionally, 

SSA will adhere to all applicable 

provisions of the Privacy Act, Social 

Security Act and other Federal statutes 

that govern our use and disclosure of 

the information. Thus, we do not 

anticipate that the proposed system of 

records will have an unwarranted effect 

on the privacy of the individuals that 

will be covered by the NARPPF system.

Dated: December 14, 2004. 

Jo Anne B. Barnhart, 

Commissioner.

Social Security Administration (SSA), 

Notice of System of Records, Required 

by the Privacy Act of 1974; as 

Amended. 

System number: 

60–0355. 

System name: 

Non-Attorney Representative 

Prerequisites Process File (NARPPF), 

Social Security Administration, Deputy 

Commissioner for Disability and Income 

Security Programs, Office of Hearings 

and Appeals. 

Security classification: 

None. 

System location: 

Social Security Administration, 

Deputy Commissioner for Disability and 

Income Security Programs, Office of 

Hearings and Appeals, 5107 Leesburg 

Pike, Falls Church, Virginia, 22041. 

Categories of individuals covered by the 

system: 

Any non-attorney individual who 

applies to participate in the 

demonstration project for direct 

payment of fees under section 303 of the 

Social Security Protection Act of 2004 

(SSPA) (Public Law No. 108–203). 

Applications for participation will be 

filed directly with a contract vendor. 

Categories of records in the system: 

Demonstration project application 

and supporting documentation, and 

corresponding eligibility determination. 

This may include some or all of the 

following: (1) Application information, 

including filing date and fee 

information; (2) the applicant’s 

identifying information, including 

name, Social Security number, date and 

place of birth, business address, 

telephone numbers, e-mail addresses, 

fax numbers and fingerprints; (3) a work 

history, including employer names and 

addresses, dates of employment, selfemployment information, and 

verification of employment; (4) the 

applicant’s educational background and 

continuing education; (5) certain 

integrity information including previous 

Federal employment, suspensions and/

or terminations of representative 

authorization, criminal background, and 

circumstances for previous employment 

termination, if applicable; (6) 

examination and examination results; 

(7) professional liability insurance 

information; (8) background check and 

report information; (9) direct payment 

eligibility status; (10) post-application 

discovery information including 

previously undisclosed eligibility 

information; and (11) post-eligibility 

audit and evaluation information. 

Authority for maintenance of the 

system: 

Section 303 of the SSPA. 

Purpose(s): 

The prerequisites process application 

files will be used to determine the 

eligibility of a non-attorney 

representative who represents claimants 

before SSA to participate in the 

demonstration project for the direct 

payment of fees. 

Routine uses of records maintained in 

the system, including categories of users 

and the purpose of such uses: 

Disclosures 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 (IRC) will not be disclosed 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. Wage and 

other information which is subject to 

the provisions of the IRC (26 U.S.C. 

6103) will not be disclosed under this 

routine use unless disclosure is 

expressly permitted by the IRC. 

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 the 

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 customers, 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. 

8. To inform a claimant/beneficiary 

that his/her representative is eligible to 

participate in the demonstration project 

or has been disqualified or suspended 

from participating in the demonstration 

project and/or from further 

representation before SSA. 

9. To a State agency or other certifying 

entity that uses such eligibility 

information in their certifying 

procedures. 

77826 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 

10. To contractors under contract to 

SSA and/or under contract to another 

agency with funds provided by SSA, for 

the performance of research, evaluation 

and statistical activities directly relating 

to this system of records. 

Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System: 

Storage: 

Records in this system are stored 

electronically and in paper form. 

Retrievability: 

Records in this system are indexed 

and retrieved by the name and SSN of 

the demonstration project applicant. 

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. Any manually maintained 

records will be kept in locked cabinets 

or in otherwise secure areas. 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 

required to adhere to SSA rules 

concerning safeguards, access and use of 

the data. 

Retention and disposal: 

Applications and supporting 

documentation are held for a minimum 

of 7 years. Paper files are destroyed by 

shredding when deemed appropriate. 

Computer files are archived after 12 

months. 

System manager(s) and address: 

Director, Office of Policy, Planning 

and Evaluation, Office of Hearings and 

Appeals, 5107 Leesburg Pike, Falls 

Church, VA 22041. 

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 401.45.) 

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 access procedures are in 

accordance with SSA Regulations (20 

CFR 401.50). 

Contesting record procedure(s):

Same as Notification procedures. 

Requesters also should 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:

Applications, supporting 

documentation, eligibility criteria, and 

corresponding eligibility 

determinations. As a part of the 

eligibility criteria, SSA may compare 

records from the Representative 

Disqualification/Suspension 

Information System (#60–0219) with 

those contained in the NARPPF system. 

Systems exempt from certain 

provisions of the Privacy Act:

None. 

[FR Doc. 04–28303 Filed 12–27–04; 8:45 am] 

BILLING CODE 4191–02–P

DEPARTMENT OF STATE

[Public Notice 4943] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Jacques-Louis David: Empire to 

Exile’’

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘JacquesLouis David: Empire to Exile’’ imported 

from abroad for temporary exhibition 

within the United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owners. I also determine that the 

exhibition or display of the exhibit 

objects at the J. Paul Getty Museum, Los, 

Angeles, California, from on or about 

February 24, 2005 to on or about April 

24, 2005, and at the Sterling and 

Francine Clark Art Institute, 

Williamstown, Massachusetts, from on 

or about June 5, 2005 to on or about 

September 5, 2005, and at possible 

additional venues yet to be determined, 

is in the national interest. Public Notice 

of these Determinations is ordered to be 

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Wolodymyr 

R. Sulzynsky, the Office of the Legal 

Adviser, Department of State, 

(telephone: 202/453–8050). The address 

is: Department of State, SA–44, and 301 

4th Street, SW., Room 700, Washington, 

DC, 20547–0001.