[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25904-25909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10668]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974; as Amended; Proposed Alteration to an 
Existing Privacy Act System of Records, Housekeeping Changes, and New 
Routine Uses

AGENCY: Social Security Administration (SSA).

ACTION: Altered system of records, housekeeping changes, 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 alter an 
existing system of records, make housekeeping and other miscellaneous 
changes, and add routine uses applicable to our system of records 
entitled the Representative Disqualification/Suspension Information 
System (60-0219), hereinafter referred to as the Representative 
Disqualification, Suspension, and Non-Recognition Information File.
    We propose the following changes:
    <bullet> Expand the existing category of representatives covered by 
the Representative Disqualification, Suspension, and Non-Recognition 
Information File system of records to include persons who allegedly 
fail to meet our qualifications to serve as a claimant's 
representative.
    <bullet> Expand the category of records we maintain in the system 
to include the name, Social Security number (SSN), date of birth, 
address, and other relevant information about persons who want to serve 
as representatives for our claimants. The expanded category will also 
include information about representatives, such as the representative's 
date of birth, SSN, representative identification number, telephone and 
facsimile (fax) numbers, and e-mail address.
    We will also include the type of representative (e.g., attorney, 
non-attorney, eligible direct pay non- attorney), attorney status 
(e.g., suspended, disqualified, convicted of a violation), bar, court, 
and Federal agency program admission information (e.g., year admitted, 
license number, present standing, and disciplinary history), and 
employer identification number.
    <bullet> Expand the record storage medium to house records in paper 
and electronic form.
    <bullet> Change the system of records name from the Representative 
Disqualification/Suspension Information System to the Representative 
Disqualification, Suspension, and Non-Recognition Information File to 
more accurately reflect the persons and representatives covered by the 
system of records.
    <bullet> Add new routine uses 2-4, 6, and 8-10 to allow us to 
release information about persons who allegedly fail to meet our 
qualifications to serve as a claimant's representative, representatives 
whom we have disqualified or suspended from representing claimants and 
beneficiaries before us, and pursue the investigation of, and 
litigation against, representatives alleged to have violated the 
provisions of the Social Security Act or our regulations. We are also 
adding our data protection routine use to the system of records. The 
routine use, listed as number 12 in this system of records, will allow 
us to respond to incidents involving the unintentional release of our 
records.
    <bullet> Make edits throughout the document to ensure a more 
reader-friendly document and correct miscellaneous and stylistic format 
errors.

We discuss the system of records, housekeeping changes, and new routine 
uses in the Supplementary Information section below. We invite public 
comments on this proposal.

DATES: We filed a report of the Representative Disqualification, 
Suspension, and Non-Recognition Information File system of records and 
new 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 Director, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), on April 29, 2010. The altered Representative 
Disqualification, Suspension, and Non-Recognition Information File 
system of records and new routine uses will become effective on June 7, 
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: Christine W. Johnson, Social Insurance 
Specialist (Senior Analyst), Disclosure Policy Development and Services 
Division I, Office of Privacy and Disclosure, Office of the General 
Counsel, Social Security Administration, 3-A-6 Operations Building, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone: 
(410) 965-8563 or e-mail: <a href="/cdn-cgi/l/email-protection#d0b3b8a2b9a3fea7febabfb8bea3bfbe90a3a3b1feb7bfa6"><span class="__cf_email__" data-cfemail="9dfef5eff4eeb3eab3f7f2f5f3eef2f3ddeeeefcb3faf2eb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the Representative Disqualification, 
Suspension, and Non-Recognition Information File System of Records

A. General Background

    The Representative Disqualification, Suspension, and Non-
Recognition Information File system of records allows us to collect, 
maintain, and use information about persons who fail to meet our 
qualifications to serve as representatives for our claimants and 
beneficiaries, representatives about whom we have received complaints 
alleging that they have violated the provisions of the Social Security 
Act or regulations, and representatives who we have disqualified or 
suspended from representing claimants and beneficiaries in matters 
before us.
    We require the information covered by this system of records to 
efficiently administer the disqualified or suspended representative 
business process. For example, the information enables us to identify 
and monitor persons who fail to meet the criteria to represent our 
claimants and beneficiaries, determine whether a violation has 
occurred, investigate alleged violations, and administratively 
prosecute disciplinary actions against representatives, in a more 
efficient and timely manner.

B. Discussion of Representative Disqualification, Suspension, and Non-
Recognition Information File System of Records

    The proposed alteration will significantly strengthen the 
disqualified

[[Page 25905]]

and suspended representative business process. The alteration brings 
together key information that will not only increase our communication 
and response efficiency, it will also improve accuracy and efficiency 
in the way we administer the overall disqualified and suspended 
representative process.

C. Discussion of New Routine Uses

    New routine uses 2-4, 6, and 8-10 will enhance our ability to 
investigate and administratively prosecute disciplinary actions against 
representatives whom we suspect have violated the Social Security Act 
or regulations. The routine uses will also expand our ability to inform 
members of the public and other interested parties that we have 
disqualified or suspended a representative, or not recognized a person 
as a claimant's representative.
    New data protection routine use number 12 will allow us to disclose 
information in connection with response and remediation efforts in the 
event of unintentional release of agency information (a data security 
breach). Such a routine use serves to 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. 
(See 72 FR 69723 (December 10, 2007).)
    Accordingly, we are establishing routine uses 2-4, 6, 8-10, and 12 
in the Representative Disqualification, Suspension, and Non-Recognition 
Information File system of records:
    2. To a Federal court, State court, administrative tribunal, or bar 
disciplinary authority in the Federal jurisdiction(s) or State(s) in 
which an attorney is admitted to practice that we have disqualified or 
suspended the attorney from representing claimants or beneficiaries 
before us, and the basis for our action.
    We will disclose information under this routine use to Federal and 
State entities for the purpose of, and to the extent necessary, to 
inform the entity about the status of, and infractions against, 
attorneys that we have prohibited from representing our claimants and 
beneficiaries. We may also disclose information under this routine use 
for the purpose of assisting the entity to carry out its own 
investigative and administrative actions.
    3. To an official or employee of a Federal, State, or local agency 
that we have disqualified or suspended a representative from 
representing claimants and beneficiaries before us, and the basis for 
our action in order to permit that agency to perform its official 
duties related to representation of parties before that agency.
    We will disclose information under this routine use to a Federal, 
State, or local entity for the purpose of, and to the extent necessary, 
to inform the entity about the status of, and infractions against, 
representatives that we have prohibited from representing our 
claimants. We may also disclose information under this routine use for 
the purpose of enabling the entity to determine whether to take 
independent action.
    4. To any person or entity from which we need information to pursue 
the investigation or litigation of any action against a representative, 
to the extent necessary to identify the representative about whom the 
record is maintained, inform the person or entity of the purpose(s) of 
the request, and identify the type of information needed.
    We will disclose information under this routine use to any person 
or entity for the purpose of, and to the extent necessary, to identify 
the representative of record, explain the purpose of our request, and 
identify the type of information we need to facilitate our 
investigation of, or litigation against, the representative.
    6. To the Department of Justice, the Federal Bureau of 
Investigation, Offices of United States Attorneys, and other Federal 
law enforcement agencies, for investigation and potential prosecution 
of violations of the Social Security Act.
    We will disclose information under this routine use to the above 
Federal entities for the purpose of, and to the extent necessary, to 
effectively represent us in matters concerning violations of the Social 
Security Act.
    8. To the public via our Internet Web site located at http://www.socialsecurity.gov that we have disqualified or suspended a 
representative from representation before us, or not recognized a 
person as a claimant's representative.
    We will disclose certain information under this routine use to the 
public for the purpose of informing the public about persons and 
representatives not authorized to represent claimants before us. We 
disclose this type information to allow the public to make more 
informed decisions about potential representatives and to prevent 
ineligible representatives from representing our claimants.
    9. To persons, groups, organizations, or government entities that 
routinely refer potential claimants or beneficiaries to attorneys or 
persons other than attorneys for the purpose of putting such persons, 
groups, organizations, or government entities on notice that we have 
disqualified or suspended a representative from representation before 
us, or not recognized a person as a claimant's representative.
    We will disclose information under this routine use to persons, 
groups, organizations, or government entities for the purpose of, and 
to the extent necessary, to inform them about the status of, and 
infractions against, representatives that we have prohibited from 
representing our claimants. We disclose information under this routine 
use for the purpose of ensuring that only qualified persons and 
representatives are referred to our claimants and beneficiaries.
    10. To any person or entity with whom the representative is 
affiliated or has indicated that he or she wants to be affiliated in 
representing claimants before us, for notifying them that we have 
disqualified or suspended the affiliated or potentially affiliated 
representative from representation before us, or not recognized that 
person as a claimant's representative.
    We will disclose information under this routine use to current and 
prospective affiliations of the representative for the purpose of, and 
extent necessary, to convey that the representative has lost the 
privilege to represent our claimants or failed to meet our criteria to 
be recognized as a claimant's representative.
    12. 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 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 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

[[Page 25906]]

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.

II. Compatibility of Proposed Routine Uses

    New routine uses 2-4, 6, and 8-10 will allow us to release 
information about representatives whom we have disqualified or 
suspended from representing claimants and persons we have not 
recognized as a claimant's representative. The routine uses will also 
improve our ability to investigate and administratively prosecute 
actions against representatives whom we suspect have violated the 
Social Security Act or our regulations. In accordance with the Privacy 
Act (5 U.S.C. 552a(a)(7) and (b)(3)) and our disclosure regulations (20 
CFR part 401), we can disclose information maintained in a system of 
records pursuant to a published routine use when the use is compatible 
with the purpose for which we collected the information. These routine 
uses meet the relevant regulatory criteria.
    New data protection routine use number 12 will allow us to respond 
to incidents involving the unintentional release of our records. As 
mandated by OMB and recommended by the President's Identity Theft Task 
Force, and in accordance with the Privacy Act and our disclosure 
regulations, we are permitted to release information under a published 
routine use for a compatible purpose. Section 401.120 of our 
regulations provides that we will disclose information required by law. 
Since OMB has mandated its publication, this routine use is appropriate 
and meets the relevant statutory and regulatory criteria. In addition, 
we disclose to other agencies, entities, and persons, when necessary, 
to respond to an unintentional release. These disclosures are 
compatible with the reasons we collect the information, as helping to 
prevent and minimize the potential for harm is consistent w ith taking 
appropriate steps to protect information entrusted to us. See 5 U.S.C. 
552a(e)(10).

III. Records Storage Medium and Safeguards for the Information Covered 
by the Representative Disqualification, Suspension, and Non-Recognition 
Information File System of Records

    We will maintain, in paper and electronic form, information covered 
by the Representative Disqualification, Suspension, and Non-Recognition 
Information File system of records. 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 Representative 
Disqualification, Suspension, and Non-Recognition Information File 
system of records by requiring the use of access codes to enter the 
computer system that will house the data.
    We annually provide all our employees and contractors with 
appropriate security awareness 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). 
Employees and contractors with access to databases maintaining 
personally identifiable information must sign a sanction document 
annually, acknowledging their accountability for inappropriately 
accessing or disclosing such information.

IV. Effects of the Representative Disqualification, Suspension, and 
Non-Recognition Information File System of Records and Routine Use 
Disclosures on the Rights of Individuals

A. Discussion Relating to the Alteration

    We propose altering the Representative Disqualification, 
Suspension, and Non-Recognition Information File system of records as 
part of our responsibilities in continuing to expand our business 
processes and protecting our claimants. We will adhere to all 
applicable statutory requirements, including those under the Social 
Security Act and the Privacy Act, in carrying out our responsibilities. 
Therefore, we do not anticipate that the proposed alteration to this 
system of records will have any adverse effect on the privacy or other 
rights of the persons or representatives covered by the system of 
records.

 B. Discussion Relating to the New Routine Uses

    The new routine uses will enable us to investigate and take action 
against disqualified or suspended representatives, expand our ability 
to inform members of the public and other interested parties that we 
have disqualified, suspended, or not recognized a person as a 
claimant's representative, and serve to protect the interests of 
representatives whose information could be at risk. As a result, we do 
not anticipate that the new routine uses will have any adverse effect 
on the rights of persons or representatives whose data might be 
disclosed.

V. Housekeeping and Other Miscellaneous Changes in the Representative 
Disqualification, Suspension, and Non-Recognition Information File 
System of Records

    We are making housekeeping changes that include changing the system 
of records name from Representative Disqualification/Suspension 
Information System to the Representative Disqualification, Suspension, 
and Non-Recognition Information File system of records to more 
accurately reflect the persons and representatives covered by the 
system. The changes also include editing throughout the document to 
ensure a more reader-friendly document and correcting miscellaneous and 
stylistic format errors.

    Dated: April 29, 2010.
Michael J. Astrue,
Commissioner.

Social Security Administration

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

SYSTEM NUMBER:
    60-0219.

SYSTEM NAME:
    Representative Disqualification, Suspension and Non-Recognition 
Information File, Social Security Administration, Office of the General 
Counsel.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Social Security Administration, Office of the General Counsel, 
Office of General Law, 6401 Security Boulevard, Room 617 Altmeyer 
Building, Baltimore MD 21235, and Regional Chief Counsels Offices as 
follows:

    OGC Boston, Room 625, JFK Federal Building, Boston, MA 02203.
    OGC New York, 26 Federal Plaza, Room 3904, New York, NY 10278.
    OGC Philadelphia, 300 Spring Garden Street, 6th Floor, 
Philadelphia, PA 19123.
    OGC Atlanta, Atlanta Federal Center, 61 Forsyth Street SW., Suite 
20T45, Atlanta, GA 30303.
    OGC Chicago, 200 W. Adams Street, 30th Floor, Chicago, IL 60606.
    OGC Dallas, 1301 Young Street, Room A-702, Dallas, TX 75202-5433.
    OGC Kansas City, 601 East 12th Street, Room 965, Federal Office 
Building, Kansas City, MO 64106.

[[Page 25907]]

    OGC Denver, 1961 Stout Street, Federal Office Building, 10th Floor, 
Denver, CO 80294.
    OGC San Francisco, 333 Market Street, Suite 1500, San Francisco, CA 
94105-2116.
    OGC Seattle, 701 Fifth Avenue, Suite 2900 M/S 901, Seattle, WA 
98104-7075.

CATEGORIES OF PERSONS COVERED BY THE SYSTEM:
    This system covers persons who allegedly fail to meet our 
qualifications to serve as a claimant's representative, as provided by 
the Social Security Act or regulations relating to representation of 
claimants and beneficiaries before us. It includes representatives 
alleged to have violated the provisions of the Social Security Act or 
our regulations relating to representation of claimants and 
beneficiaries, representatives whom we have found to have committed 
such violations and have disqualified or suspended, and representatives 
we have investigated, but have not disqualified or suspended because we 
resolved the matter without an action to disqualify or suspend the 
representative or because we found that a violation did not occur.

CATEGORIES OF RECORDS IN THE SYSTEM:
    As applicable, the system will contain information about persons 
seeking to represent our claimants as well as representatives who have 
represented claimants and beneficiaries before us. For example, we 
collect name, date of birth, Social Security number (SSN), 
representative identification number, home or business address(es), 
telephone and facsimile (fax) numbers, e-mail address, and type of 
representative (e.g., attorney, non-attorney, eligible direct pay non-
attorney).
    The system will also contain information about the representative's 
legal standing and business affiliations. For example, we collect 
status of the representative (e.g., suspended, disqualified), bar, 
court, and Federal program or agency admission information (e.g., year 
admitted, license number, present standing, and disciplinary history), 
copies of all documentation resulting from our investigation and 
actions taken due to violations of the Social Security Act and 
regulations relating to the representative, and employer identification 
number. The system will also maintain relevant claimant and beneficiary 
information.
    The following are examples of information covered by this system of 
records relating to the representation of claimants and beneficiaries: 
Documentation resulting from our investigation or actions taken due to 
violations of the Social Security Act or our regulations; Documentation 
relating to any request for recognition or reinstatement that a non-
recognized person or disqualified or suspended representative files 
with us; documentation pertaining to hearings on charges of alleged 
violations of the Social Security Act or our regulations; and 
representation attestations made and information provided on our paper 
and electronic forms.
    The system may also contain documentation pertaining to Appeals 
Council reviews of the decisions rendered in hearings on charges of 
violations of the Social Security Act or our regulations, or of 
requests for reinstatement to practice as a claimant's representative 
before us; copies of notifications of a representative's 
disqualification or suspension or a person's non-recognition; 
documentation pertaining to any legal or administrative action that a 
disqualified or suspended representative, or non-recognized person 
brings against us; and documentation of any disclosures made pursuant 
to the routine uses in this system of records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 206(a) and 1631(d)(2) of the Social Security Act (42 
U.S.C. 406(a) and 1383(d)(2)).

PURPOSE(S):
    The Representative Disqualification, Suspension, and Non-
Recognition Information File system of records provides us real-time 
access to information key to decisionmaking in the disqualified or 
suspended representative business process. For example, the records 
provide timely access to information we need to make decisions about 
whether persons meet our qualifications to serve as a claimant's 
representative and whether violations of the provisions of the Social 
Security Act or regulations relating to representation have previously 
occurred.
    The records also enable us to more efficiently investigate alleged 
administrative or criminal violations; take action against 
representatives; respond to the Appeals Council when a representative 
has requested reinstatement; provide detailed notice of, and 
information on, cases in which we have disqualified or suspended a 
representative; and assist the Department of Justice in Federal court 
litigation, including that which relates to our decision to disqualify 
or suspend a representative or not recognize a person as a claimant's 
representative.

routine uses of records covered by the representative disqualification, 
suspension, and non-recognition information file system of records 
system, including categories of users and the purposes of such uses:
    Routine use disclosures are indicated below; however, we will not 
disclose any information defined as ``return or return information'' 
under 26 U.S.C. 6103 of the Internal Revenue Code (IRC) unless 
authorized by the IRC, the Internal Revenue Service (IRS), or IRS 
regulations.
    1. To applicants for benefits or payments, claimants, and 
beneficiaries to inform them that we have disqualified or suspended the 
representative from further representation before us or that the person 
was not recognized as a representative, and the basis for our action.
    2. To a Federal court, State court, administrative tribunal, or bar 
disciplinary authority in the Federal jurisdiction(s) or State(s) in 
which an attorney is admitted to practice that we have disqualified or 
suspended the attorney from representing claimants or beneficiaries 
before us and the basis for our action.
    3. To an official or employee of a Federal, State, or local agency 
that we have disqualified or suspended a claimant's representative from 
representing claimants and beneficiaries before us, and the basis for 
our action in order to permit that agency to perform its official 
duties related to representation of parties before that agency.
    4. To any person or entity from which we need information to pursue 
the investigation or litigation of any action against a representative, 
to the extent necessary to identify the representative about whom the 
record is maintained, inform the person or entity of the purpose(s) of 
the request, and identify the type of information needed.
    5. To the Department of Justice (DOJ), a court, other tribunal, or 
another party before such court or tribunal when:
    (a) SSA or any of our components;
    (b) Any SSA employee in his or her official capacity;
    (c) Any SSA employee in his or her individual capacity when DOJ (or 
SSA 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 the operations of SSA or any of its 
components, is a party to litigation or has an interest in such 
litigation, and we determine that the use of such records

[[Page 25908]]

by DOJ, the 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.
    6. To DOJ, the Federal Bureau of Investigation, Offices of United 
States Attorneys, and other Federal law enforcement agencies, for 
investigation and potential prosecution of violations of the Social 
Security Act.
    7. To a congressional office 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.
    8. To the public via our Internet Web site located at http://www.socialsecurity.gov that we have disqualified or suspended a 
representative from representation before us, or not recognized a 
person as a claimant's representative.
    9. To persons, groups, organizations, or government entities that 
routinely refer potential claimants or beneficiaries to attorneys or 
persons other than attorneys for the purpose of putting such persons, 
groups, organizations or government entities on notice that we have 
disqualified or suspended a representative from representation before 
us, or not recognized a person as a claimant's representative.
    10. To any person or entity with whom the representative is 
affiliated or has indicated that he or she wants to be affiliated in 
representing claimants before us, notice that we have disqualified or 
suspended the affiliated or potentially affiliated representative from 
representation before us, or not recognized that person as a claimant's 
representative.
    11. To the General Services Administration 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.
    12. 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 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.
    13. To the Office of the President in response to an inquiry made 
at the request of the subject of the record or a third party on that 
person's behalf.
    14. 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 duties.
    15. To Federal, State, and local law enforcement agencies and 
private security contractors as appropriate, information as necessary:
    (a) To enable them to assure the safety of our employees and 
customers, and 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.
    16. To contractors and other Federal agencies, as necessary, for 
the purpose of assisting us in the efficient administration of our 
programs. We will disclose information under the routine use only in 
situations in which we 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    We will store records in this system in paper and electronic form.

RETRIEVABILITY:
    We will retrieve records by SSN, representative identification 
number, or alphabetically by the representative's name.

SAFEGUARDS:
    We retain paper and electronic files with personal identifiers in 
secure storage areas accessible only to our authorized employees and 
contractors. We limit access to data with personal identifiers from 
this system to only authorized personnel who have a need for the 
information in the performance of their official duties. We annually 
provide all of our employees and contractors with appropriate security 
awareness 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)(l). Employees and 
contractors with access to databases maintaining personally 
identifiable information must sign a sanction document annually, 
acknowledging their accountability for inappropriately accessing or 
disclosing such information.

RETENTION AND DISPOSAL:
    For purposes of records management dispositions authority, we 
follow the NARA and Department of Defense (DOD) 5015.2 regulations (DOD 
Design Criteria Standard for Electronic Records Management Software 
Applications). We will retain for 25 years records about the non-
recognition of a person, the disqualification or suspension of a 
representative, and the investigation of representatives that we did 
not suspend or disqualify because we were able to resolve the matter 
without a disqualification or suspension. We will maintain for 2 years 
from the date of closure those records that indicate we investigated a 
representative, but did not disqualify or suspend the representative 
because we found that a violation did not occur. We will erase or 
destroy records in electronic form and shred records in paper form.

SYSTEM MANAGER(S) AND ADDRESS(ES):
    Associate General Counsel for General Law, Office of the General 
Counsel, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235. Regional Chief Counsels (see addresses in the 
System Location section of this notice).

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 they 
must certify in the request that they are the person they claim to be 
and 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 should provide 
the same information, as well as provide an identity document, 
preferably with a

[[Page 25909]]

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 to which notification is being requested. If 
we determine that the identifying information the person provides by 
telephone is insufficient, the person will be required 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 telephone 
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 (20 CFR 401.40 and 
401.45).

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requesters also should reasonably 
specify the record contents they are seeking. These procedures are in 
accordance with our regulations (20 CFR 401.40(c)).

CONTESTING RECORD PROCEDURES:
    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 incomplete, 
untimely, inaccurate, or irrelevant. These procedures are in accordance 
with our regulations (20 CFR 401.65(a)).

RECORD SOURCE CATEGORIES:
    We obtain information covered by this system of records from 
existing records we maintain (e.g., the Claims Folder System, 60-0089), 
which contain information relating to the representation of claimants 
before us.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2010-10668 Filed 5-7-10; 8:45 am]
BILLING CODE P


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