[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8171-8176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3495]


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SOCIAL SECURITY ADMINISTRATION


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

AGENCY: Social Security Administration (SSA).

ACTION: Proposed System of Records and Routine Uses.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and 
(e)(11)), we are issuing public notice of our intent to establish a new 
system of records and routine uses applicable to this system of records 
entitled, the Administrative Law Judge/Public Alleged Misconduct 
Complaints System, 60-0356 (the ALJ/PAMC system of records). We will 
use the information covered by the system of records to manage and 
monitor complaints filed against Administrative Law Judges (ALJ). We 
discuss the system of records and routine use disclosures in the 
Supplementary Information section below. We invite public comments on 
this proposal.

DATES: We filed a report of the ALJ/PAMC system of records and routine 
use disclosures with the Chairman of the Senate Committee on Homeland 
Security and Governmental Affairs, the Chairman of the House Committee 
on Oversight and Government Reform, and the Administrator, Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB) on February 12, 2010. The ALJ/PAMC system of records and routine 
uses will become effective on March 14, 2010, unless we receive 
comments before that date that would result in a contrary 
determination.

ADDRESSES: Interested persons may comment on this publication by 
writing to the Executive Director, Office of Privacy and Disclosure, 
Office of the General Counsel, Social Security Administration, Room 3-
A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401. All comments we receive will be available for public 
inspection at the above address.

FOR FURTHER INFORMATION CONTACT: Earlene Whitworth Hill, Social 
Insurance Specialist, Disclosure Policy Development and Services 
Division I, Office of Privacy and Disclosure, Office of the General 
Counsel, Social Security Administration, Room 3-A-6 Operations 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone: (410) 965-1817, e-mail: <a href="/cdn-cgi/l/email-protection#dcb9bdaeb0b9b2b9f2abb4b5a8abb3aea8b4f2b4b5b0b09cafafbdf2bbb3aa"><span class="__cf_email__" data-cfemail="a8cdc9dac4cdc6cd86dfc0c1dcdfc7dadcc086c0c1c4c4e8dbdbc986cfc7de">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the ALJ/PAMC System of Records

A. General Background

    Our Office of Disability Adjudication and Review (ODAR) includes a 
nationwide field organization staffed with ALJs who conduct impartial 
hearings and make decisions on appeals filed by claimants and their 
advocates or representatives on their behalf. Claimants and their 
advocates or representatives may file a complaint against an ALJ if 
they believe the ALJ was biased or engaged in improper conduct. Persons 
may make complaints in writing to our Office of the Chief 
Administrative Law Judge and to our regional and hearing offices. We 
also receive complaints through our Appeals Council, agents at our 
National 800 Telephone Number Network, our Office of the Inspector 
General Hotline, and congressional offices on behalf of their 
constituents. We review, investigate, and respond to such complaints.
    At present, we do not have a good mechanism to track complaints 
about ALJs from initiation to resolution. This weakness makes it 
difficult for us to identify and resolve service delivery issues, and 
also impairs customer service. This system of records will help us 
improve service to the public by creating a centrally managed, 
electronic method to collect, monitor, and retrieve information 
concerning complaints about ALJs.
    The ALJ/PAMC system of records will:
    <bullet> Provide us with information to manage and respond to 
complaints, which in turn will help us monitor and improve customer 
service and reduce manual work;
    <bullet> Provide us with information to process, review, or 
investigate complaints filed;
    <bullet> Provide us with information related to the complaint, 
including the name of the claimant and other identifying information, 
the name of the claimant's advocate or representative, if any, and 
information about the ALJ who allegedly committed misconduct; and
    <bullet> Provide us with management information to document, 
monitor, and track complaints about ALJs, to identify patterns of 
improper ALJ behavior that may require further review and action, and 
to assist us in deterring recurring incidences of ALJ bias or 
misconduct.

B. Collection and Maintenance of the Data for the ALJ/PAMC System of 
Records

    We will collect and maintain information from complaints filed 
against ALJs in an electronic system covered by the ALJ/PAMC system of 
records. We will collect information relating to the complaint, case 
analyses, results of the review or investigation, location of the 
hearing or regional office, ALJ duty station, Federal court if the 
complaint is raised at the Federal court level, and copies of relevant 
correspondence.
    We will collect information about the claimant (or claimant's 
advocate or representative) filing the complaint such as name, Social 
Security number (SSN), date of birth, address, gender, race or ethnic 
background (if readily available), and relevant claims-related 
information. We will also collect information about the ALJ named in 
the complaint, such as name, ALJ assigned number, and tracking and 
control log numbers.
    Since we will retrieve information from this system using names and 
other personal identifiers, the ALJ/PAMC information collection is a 
system of records, as defined by the Privacy Act.

II. Routine Use Disclosures of Data Covered by the ALJ/PAMC System of 
Records

A. Routine Use Disclosures

    We propose to establish the following routine uses of information 
that will be covered by the ALJ/PAMC system of records.
    1. To the Office of the President in response to an inquiry from 
that office made at the request of the subject of the record or a third 
party on that person's behalf.
    We will disclose information under this routine use only when the 
Office of the President makes an inquiry relating to information 
contained in this system of records and indicates that it is acting on 
behalf of the person whose record is requested (e.g., ALJ, claimant, 
claimant's advocate or representative, if any).
    2. To a congressional office in response to an inquiry from that 
office made at the request of the subject of a

[[Page 8172]]

record or a third party on that person's behalf.
    We will disclose information under this routine use only when a 
member of Congress, or member of his or her staff, makes an inquiry 
relating to information contained in this system of records and 
indicates that he or she is acting on behalf of the person whose record 
is requested.
    3. To the Department of Justice (DOJ), a court, other tribunal, or 
another party before such court or tribunal when:
    (a) The agency or any of our components; or
    (b) Any agency employee in his or her official capacity; or
    (c) Any agency employee in his or her individual capacity when DOJ 
(or the agency when we are authorized to do so) has agreed to represent 
the employee; or
    (d) The United States or any agency thereof when we determine that 
the litigation is likely to affect our operations or any of our 
components, is party to litigation or has an interest in such 
litigation, and we determine that the use of such records by DOJ, a 
court, other tribunal, or another party before such court or tribunal 
is relevant and necessary to the litigation. In each case, however, we 
must determine that such disclosure is compatible with the purpose for 
which we collected the records.
    We will disclose information under this routine use as necessary to 
enable DOJ to effectively defend us, our components, or our employees 
in litigation, when the use of information covered by this system of 
records is relevant and necessary to the litigation and compatible with 
the purpose of the information collection. We will also disclose 
information to ensure that courts, other tribunals, and parties before 
such courts or tribunals, have appropriate information when relevant 
and necessary.
    4. To student volunteers, persons working under a personal services 
contract, and others who are not technically Federal employees, when 
they are performing work for us as authorized by law, and they need 
access to information in our records in order to perform their assigned 
agency duties.
    We will disclose information under this routine use only when we 
use the services of student volunteers and participants in certain 
educational, training, employment, and community service programs when 
they need access to information covered by this system of records to 
perform their assigned agency duties.
    5. To the Equal Employment Opportunity Commission (EEOC) when they 
request information in connection with an investigation into alleged or 
possible discriminatory practices in the Federal sector, examination of 
Federal affirmative employment programs, compliance by Federal agencies 
with the Uniform Guidelines on Employee Selection Procedures, or other 
functions vested in the Commission.
    We will disclose information about our employees under this routine 
use to the EEOC, as necessary, to assist in reassessing requests for 
reasonable accommodations; to assist in investigations into alleged or 
possible discriminatory practices in the Federal sector; to combat and 
prevent fraud, waste, and abuse under the Rehabilitation Act of 1973; 
and to assist the Commission in carrying out its other functions.
    6. To the Federal Labor Relations Authority, the General Counsel, 
the Federal Mediation and Conciliation Service, the Federal Service 
Impasses Panel, or an arbitrator when they request information in 
connection with investigations of allegations of unfair practices or of 
other matters before an arbitrator or the Federal Service Impasses 
Panel.
    We will disclose information about our employees under this routine 
use, as necessary, to the Federal Labor Relations Authority, the 
General Counsel, the Federal Mediation and Conciliation Service, the 
Federal Service Impasses Panel, or an arbitrator, when all or part of 
the allegations involve the information covered by the ALJ/PAMC system 
of records.
    7. To the Office of Personnel Management, the Merit Systems 
Protection Board, or the Office of Special Counsel when they request 
information in connection with appeals, special studies of the civil 
service and other merit systems, review of those agencies' rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and for other such functions of these agencies as may be 
authorized by law.
    We will disclose information about our employees under this routine 
use, as necessary, to the Office of Personnel Management, the Merit 
Systems Protection Board, or to the Office of Special Counsel, when all 
or part of the allegations in the appeal or action involve the 
information covered by the ALJ/PAMC system of records.
    8. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
    a. To enable them to ensure the safety of our employees and 
customers, the security of our workplace, and the operation of our 
facilities; or
    b. To assist investigations or prosecutions with respect to 
activities that affect such safety, security, or activities that 
disrupt the operation of our facilities.
    We will disclose information under this routine use to law 
enforcement agencies and private security contractors when they need 
information to respond to, investigate, or prevent activities that 
jeopardize the security and safety of the public, employees, or our 
workplaces, or that otherwise disrupt the operation of our facilities. 
We will disclose information to assist in prosecuting persons charged 
with violating a Federal, State, or local law in connection with such 
activities.
    9. To contractors and other Federal agencies, as necessary, to 
assist us in efficiently administering our programs.
    We will disclose information under this routine use only in 
situations where we enter into a contractual agreement or similar 
agreement with a third party to assist in accomplishing an agency 
function relating to information covered by the ALJ/PAMC system of 
records.
    10. To the appropriate Federal, State, and local agencies, 
entities, and persons when: (1) We suspect or confirm that the security 
or confidentiality of information in this system of records has been 
compromised; (2) we determine that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, risk of identity theft or fraud, or harm to the security or 
integrity of this system or our other systems or programs that rely 
upon the compromised information; and (3) we determine that disclosing 
the information to such agencies, entities, and persons is necessary to 
assist in our efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm. We will use this 
routine use to respond only to those incidents involving an 
unintentional release of our records.
    We will disclose information under this routine use specifically in 
connection with response and remediation efforts in the event of an 
unintentional release of agency information, otherwise known as a 
``data security breach.'' This routine use will protect the interests 
of the people whose information is at risk by allowing us to take 
appropriate steps to facilitate a timely and effective response to a 
data breach. The routine use will also help us improve our ability to 
prevent, minimize, or remedy any harm that may result from a compromise 
of data covered by this system of records.

[[Page 8173]]

    11. To a Federal, State, and local professional licensing board, at 
our initiative or at the request of the licensing board, when such 
records indicate a violation of ethical conduct by a current or former 
employee who is seeking to be licensed or is licensed before the 
professional board.
    We will disclose information under this routine use to a Federal, 
State, or local licensing board, at our initiative, or at the request 
of the licensing board, regarding the facts surrounding a potential 
ethical violation by a current or former employee who is licensed or 
seeking to be licensed before a professional board.
    12. To a Federal or State agency in response to its request, or at 
our initiative, in connection with decisions to hire an employee, issue 
a security clearance, conduct a security or suitability investigation 
of a person, classify a job, award a contract, or regarding the 
requesting agency's decision to issue a license, grant, or other 
benefit. We may disclose for lawful statutory administrative or 
investigative purposes to the extent that the information is relevant 
and necessary to the requesting agency's decision.
    We will disclose information in response to a request, or at our 
initiative, in connection with any of the circumstances specified in 
the routine use above. The request pertaining to such circumstances 
must meet lawful statutory administrative or investigative purposes and 
be consistent with our authority for maintaining the record.
    13. To officials of labor organizations recognized under 5 U.S.C. 
chapter 71, when relevant and necessary to their duties of exclusive 
representation concerning personnel policies, practices, and matters 
affecting conditions of employment.
    We will disclose information about our employees under this routine 
use, to the officials above as necessary, when all or part of the 
information requested involves information covered by the ALJ/PAMC 
system of records.
    14. 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, information that is not restricted 
from disclosure by Federal law, for their use in conducting records 
management studies.
    We will disclose information under this routine use only when it is 
necessary for GSA and NARA to have access to the information covered by 
this system of records. The Administrator of GSA and the Archivist of 
NARA are authorized by Title 44 U.S.C. 2904, as amended, to promulgate 
standards, procedures, and guidelines regarding records management and 
to conduct records management studies. Title 44 U.S.C. 2906, as 
amended, provides that GSA and NARA are authorized to inspect Federal 
agencies' records for records management purposes and that agencies are 
to cooperate with GSA and NARA.

B. Compatibility of Routine Uses

    We can disclose information when the disclosure is required by law 
(20 CFR 401.120). We can also disclose information when the purpose is 
compatible with the purpose for which we collect the information and 
the disclosure is supported by a published routine use (20 CFR 
401.150). The disclosures under routine uses numbers 1 through 13 will 
ensure that we efficiently perform our functions relating to the 
purpose and administration of the ALJ/PAMC system of records. Federal 
law requires the disclosures that we make under routine use number 14. 
We will disclose information under routine use number 14 to the extent 
another Federal law does not prohibit the disclosure. For example, the 
Internal Revenue Code generally prohibits us from disclosing tax return 
information which we receive to maintain individual earnings records. 
Therefore, all routine uses are appropriate and meet the relevant 
statutory and regulatory criteria.

III. Records Storage Medium and Safeguards for the Information Covered 
by the ALJ/PAMC System of Records

    We will maintain information covered by the ALJ/PAMC system of 
records in electronic and paper form. We will keep paper records in 
locked cabinets or in other secure areas. We will safeguard the 
security of the electronic information covered by the ALJ/PAMC system 
of records by requiring the use of access codes to enter the computer 
system that will house the data. We will permit only our authorized 
employees and contractors, who require the information to perform their 
official duties to access the information covered by the ALJ/PAMC 
system of records.
    We annually provide all our employees and contractors with 
appropriate security awareness and training that includes reminders 
about the need to protect personally identifiable information and the 
criminal penalties that apply to unauthorized access to, or disclosure 
of, personally identifiable information. See 5 U.S.C. 552a(i)(1). 
Furthermore, employees and contractors with access to databases 
maintaining personally identifiable information must annually sign a 
sanction document acknowledging their accountability for 
inappropriately accessing or disclosing such information.

IV. Effects of the ALJ/PAMC System of Records on the Rights of 
Individuals

    We will maintain only information that is necessary to carry out 
our official functions under the Social Security Act and other 
applicable Federal statutes in the electronic system covered by the 
ALJ/PAMC system of records. We will employ safeguards to protect the 
confidentiality of all personally identifiable information in our 
possession. We will adhere to the provisions of the Privacy Act and 
other applicable Federal statutes that govern our use and disclosure of 
information that is covered by the ALJ/PAMC system of records. We will 
disclose information under the routine uses discussed in this 
publication only as necessary to accomplish the stated purposes. 
Therefore, we do not anticipate that the ALJ/PAMC system of records or 
routine use disclosures will have any unwarranted adverse effect on the 
privacy or other rights of persons.

    Dated: February 12, 2010.
Michael J. Astrue,
Commissioner.

SYSTEM NUMBER:
    60-0356.

System name:
    Administrative Law Judge/Public Alleged Misconduct Complaints (ALJ/
PAMC) System.

Security classification:
    None.

System location:
    All SSA Office of Disability Adjudication and Review (ODAR) 
regional offices and the Office of the Chief Administrative Law Judge 
in Falls Church, Virginia.

Categories of individuals covered by the system:
    Administrative Law Judges (ALJ) accused of misconduct or bias in 
connection with processing a claimant's case and the claimant who was 
the subject of the alleged misconduct or bias. If the claimant's 
advocate or representative files a complaint that an ALJ is biased 
against him or her, it may also cover a claimant's advocate or 
representative.

Categories of records in the system:
    Information derived from complaints filed against ALJs; the 
information we

[[Page 8174]]

gather in processing, reviewing, or investigating such complaints; the 
results of the review or investigation; case analyses; the information 
related to the hearing office, the regional office, and the ALJ's duty 
station; information related to the alleged complaint; the Federal 
court, if a complaint is raised at the Federal court level; and copies 
of relevant correspondence. The ALJ/PAMC system may contain the 
following information about the claimant who filed the complaint: name, 
Social Security number (SSN), date of birth, address, and relevant 
claims-related information. In addition, the ALJ/PAMC system may 
contain information regarding the claimant's gender and race or ethnic 
background, if that information is provided and is a basis for the 
complaint. The ALJ/PAMC system may contain information related to the 
claimant's advocate or representative that is derived from the 
complaint (e.g., name, gender, race and/or ethnic background, if 
provided and it is a basis for the complaint). The ALJ/PAMC system may 
also contain the following information about the ALJ associated with 
the complaint: name, ALJ assigned number, and our assigned tracking and 
control log numbers.

Authority for maintenance of the system:
    Sections 205 and 1631(d)(1) of the Social Security Act, as amended.

Purpose(s):
    We will use the information covered by the system of records to 
manage and monitor complaints filed against ALJs. The information will:
    <bullet> Provide us with information to manage and respond to 
complaints, which in turn will help us monitor and improve customer 
service and reduce manual work;
    <bullet> Provide us with information to process, review, or 
investigate complaints filed;
    <bullet> Provide us with information related to the complaint, 
including the name of the claimant and other identifying information, 
the name of the claimant's advocate or representative, if any, and 
information about the ALJ who allegedly committed misconduct; and
    <bullet> Provide us with management information to document, 
monitor, and track ALJ complaints, to identify patterns of improper ALJ 
behavior that may require further review and action, and to assist us 
in deterring recurring incidences of ALJ bias or misconduct.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    Routine use disclosures are as indicated below.
    1. To the Office of the President in response to an inquiry from 
that office made at the request of the subject of the record or a third 
party on that person's behalf.
    2. To a congressional office in response to an inquiry from that 
office made at the request of the subject of a record or a third party 
on that person's behalf.
    3. To the Department of Justice (DOJ), a court, other tribunal, or 
another party before such court or tribunal when:
    (a) The agency or any of our components;
    (b) Any agency employee in his or her official capacity;
    (c) Any agency employee in his or her individual capacity when DOJ 
(or the agency when we are authorized to do so) has agreed to represent 
the employee; or
    (d) The United States or any agency thereof when we determine that 
the litigation is likely to affect our operations or any of our 
components, is party to litigation or has an interest in such 
litigation, and we determine that the use of such records by DOJ, a 
court, other tribunal, or another party before such court or tribunal 
is relevant and necessary to the litigation. In each case, however, we 
must determine that such disclosure is compatible with the purpose for 
which we collected the records.
    4. To student volunteers, persons working under a personal services 
contract, and others who are not technically Federal employees, when 
they need access to information in our records in order to perform 
their assigned agency duties.
    5. To the Equal Employment Opportunity Commission (EEOC) when they 
request information in connection with an investigation into alleged or 
possible discriminatory practices in the Federal sector, examination of 
Federal affirmative employment programs, compliance by Federal agencies 
with the Uniform Guidelines on Employee Selection Procedures, or other 
functions vested in the Commission.
    6. To the Federal Labor Relations Authority, the General Counsel, 
the Federal Mediation and Conciliation Service, the Federal Service 
Impasses Panel, or an arbitrator when information is requested in 
connection with investigations of allegations of unfair practices or of 
other matters before an arbitrator or the Federal Service Impasses 
Panel.
    7. To the Office of Personnel Management, the Merit Systems 
Protection Board, or the Office of Special Counsel when they request 
information in connection with appeals, special studies of the civil 
service and other merit systems, review of those agencies' rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and for other such functions of these agencies as may be 
authorized by law.
    8. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
    a. To enable them to ensure the safety of our employees and 
customers, the security of our workplace, and the operation of our 
facilities; or
    b. To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupt the operation of our facilities.
    9. To contractors and other Federal agencies, as necessary, to 
assist us in efficiently administering our programs.
    10. To the appropriate Federal, State, and local agencies, 
entities, and persons when: (1) We suspect or confirm that the security 
or confidentiality of information in this system of records has been 
compromised; (2) we determine that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, risk of identity theft or fraud, or harm to the security or 
integrity of this system or our other systems or programs that rely 
upon the compromised information; and (3) we determine that disclosing 
the information to such agencies, entities, and persons is necessary to 
assist in our efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm. We will use this 
routine use to respond only to those incidents involving an 
unintentional release of our records.
    11. To Federal, State, and local professional licensing boards, at 
our initiative or at the request of the licensing board, when such 
records indicate a violation of ethical conduct by a current or former 
employee who is seeking to be licensed or is licensed before the 
professional board.
    12. To a Federal or State agency in response to its request, or at 
our initiation, in connection with decisions to hire an employee, issue 
a security clearance, conduct a security or suitability investigation 
of a person, classify a job, award a contract, or regarding the 
requesting agency's decision to issue a license, grant, or other 
benefit. We may disclose for lawful statutory administrative or 
investigative purpose to the extent that the information is relevant 
and necessary to the requesting agency's decision.

[[Page 8175]]

    13. To officials of labor organizations recognized under 5 U.S.C. 
chapter 71 when relevant and necessary to their duties of exclusive 
representation concerning personnel policies, practices, and matters 
affecting conditions of employment.
    14. To the General Services Administration and the National 
Archives Records Administration (NARA) under 44 U.S.C. 2904 and 2906, 
as amended by the NARA Act, information that is not restricted from 
disclosure by Federal law for their use in conducting records 
management studies.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    We will store records covered by the ALJ/PAMC system of records in 
electronic and paper form.

Retrievability:
    We will retrieve information covered by the ALJ/PAMC system of 
records by:
    <bullet> The name of the ALJ who is the subject of the complaint, 
the ALJ's assigned numerical identifier, and the hearing or regional 
office where the ALJ is stationed;
    <bullet> The claimant's name, SSN, date of birth, address, gender, 
and race or ethnic background, if the information is available;
    <bullet> The advocate's or representative's name, if any, and any 
other identifiable information pertaining to the complaint filed;
    <bullet> Our assigned tracking numbers, and other complaint and 
claims-related information;
    <bullet> The congressional office associated with the complaint, if 
any; and
    <bullet> The Appeals Council's code.

Safeguards:
    We will keep paper records in locked cabinets or in other secure 
areas. 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 secure storage areas 
accessible only to our authorized employees and contractors who require 
the information to perform their official duties.
    We annually provide all our employees and contractors with 
appropriate security awareness and training that includes reminders 
about the need to protect personally identifiable information and the 
criminal penalties that apply to unauthorized access to, or disclosure 
of, personally identifiable information. See 5 U.S.C. 552a(i)(1). 
Furthermore, employees and contractors with access to databases 
maintaining personally identifiable information must annually sign a 
sanction document, acknowledging their accountability for 
inappropriately accessing or disclosing such information.

Retention and disposal:
    We will maintain records at all agency ODAR regional offices and 
the Office of the Chief Administrative Law Judge in Falls Church, 
Virginia. We will delete or destroy records seven years after the date 
of the Office of the Chief Administrative Law Judge's finding regarding 
the complaint, unless a special situation occurs. This seven-year 
requirement, which can be found in schedule N1-47-01, is consistent 
with the amount of time that we maintain most disability claim files.
    Special Situation--The following examples are situations in which 
we will maintain information beyond the scheduled period for 
destruction:
    <bullet> Fraud, waste, abuse, or misuse--We will not destroy 
information where we identify possible fraud, waste, abuse, or misuse 
or information involving investigations of fraud, waste, abuse, or 
misuse, until the Office of the Inspector General provides approval to 
dispose of such information.
    <bullet> Disciplinary action--We will not destroy information 
related to ALJ disciplinary action until the Office of the Chief 
Administrative Law Judge provides approval to dispose of such 
information.

System manager(s) and address:
    Director, Division of Quality Services, Office of the Chief 
Administrative Law Judge, Office of Disability Adjudication and Review, 
Social Security Administration, 5107 Leesburg Pike, Suite 1608, Falls 
Church, Virginia 22041.

Notification procedures:
    Persons can determine if this system contains a record about them 
by writing to the system manager at the above address and providing 
their name, SSN, or other information in this system of records that 
will identify them. Persons requesting notification by mail must 
include a notarized statement to us to verify their identity or must 
certify in the request that they are the person they claim to be and 
that they understand that the knowing and willful request for, or 
acquisition of, a record pertaining to another person under false 
pretenses is a criminal offense.
    Persons requesting notification of records in person must provide 
the same information, as well as provide an identity document, 
preferably with a photograph, such as a driver's license. Persons 
lacking identification documents sufficient to establish their identity 
must certify in writing that they are the person they claim to be and 
that they understand that the knowing and willful request for, or 
acquisition of, a record pertaining to another person under false 
pretenses is a criminal offense.
    Persons requesting notification by telephone must verify their 
identity by providing identifying information that parallels the 
information in the record about which they are requesting notification. 
If we determine that the identifying information the person provides by 
telephone is insufficient, we will require the person to submit a 
request in writing or in person. If a person requests information by 
telephone on behalf of another person, the subject person must be on 
the telephone with the requesting person and us in the same phone call. 
We will establish the subject person's identity (his or 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 or her 
consent to provide information to the requesting person. These 
procedures are in accordance with our regulations at 20 CFR 401.40 and 
401.45.

Record access procedures:
    Same as notification procedures. Persons should also reasonably 
specify the record contents they are seeking. These procedures are in 
accordance with our regulations at 20 CFR 401.40(c).

Contesting record procedures:
    Same as notification procedures. Persons 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 incomplete, 
untimely, inaccurate, or irrelevant. These procedures are in accordance 
with our regulations (20 CFR 401.65(a)).

Record source categories:
    We obtain records covered by the ALJ/PAMC system from the:
    <bullet> Complaint filed by the claimant or his or her advocate or 
representative, if any;
    <bullet> Information we receive from a congressional office 
regarding a claimant and a particular ALJ;
    <bullet> Documentation that we develop during our review or 
investigation of a complaint; and

[[Page 8176]]

    <bullet> Appeals Council.

Exemptions claimed for the system:
    None.

[FR Doc. 2010-3495 Filed 2-22-10; 8:45 am]
BILLING CODE P


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