[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42164-42169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11784]


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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 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 entitled Attorney and Eligible Direct Pay Non-
Attorney (EDPNA) 1099-MISC File, hereinafter referred to as the 
Attorney/EDPNA 1099-MISC File system of records, and routine uses 
applicable to the system of records. We are also issuing notice that we 
may disclose personally identifiable information from the Attorney/
EDPNA 1099-MISC File to consumer reporting agencies in accordance with 
5 U.S.C. 552a(b)(12) and 31 U.S.C. 3711(e). Further, we give notice 
that we will disclose the taxpayer identification numbers (TIN)/Social 
Security numbers (SSN) and other information maintained in this file to 
employers for the purpose of reporting and collecting delinquent debts 
that may arise out of representational fee payments made to 
representatives. See 31 U.S.C. 7701(c)(3). We invite public comment on 
this proposal.

DATES: We filed a report of the proposed Attorney/EDPNA 1099-MISC File 
system of records and the applicable routine uses with the Chairman of 
the Senate Committee on Homeland Security and 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 July 18, 2006. The proposed Attorney/EDPNA 1099-MISC 
File system of records and the proposed routine uses will become 
effective on August 26, 2006, unless we receive comments warranting 
that they not be effective.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the Deputy Executive Director, Office of Public Disclosure, 
Office of the General Counsel, Social Security Administration, 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: Ms. Christine W. Johnson, Lead Social 
Insurance Specialist, Strategic Issues Team, 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, telephone: (410) 965-8563, 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the Proposed New Attorney/EDPNA 1099-MISC 
File System of Records

A. General Background

    Under sections 206(a) and 1631(d)(2) of the Social Security Act and 
sections 302 and 303 of the Social Security Protection Act (SSPA) of 
2004 (Pub. L. 108-203), SSA has the authority and responsibility to 
determine the maximum fees that claimants' representatives may charge 
and collect from claimants they represent before SSA, and to directly 
pay those fees out of claimants' past-due benefits, to attorney and 
EDPNA representatives. SSA is also responsible to directly pay fees 
awarded to an attorney by a Federal court under sections 206(b) and 
1631(d)(2) of the Act. Changes in the Internal Revenue Service Federal 
Income Tax Regulations (26 CFR part 1), promulgated under sections 6041 
and 6045 of the Internal Revenue Code (IRC) require SSA, in the course 
of its business, to issue 1099-MISC information returns for aggregate 
payments of $600.00 or more in a calendar year. The returns must be 
filed whether or not the services were performed for SSA. Therefore, 
representatives who meet the requirements to receive representational 
fee payments and do not waive payment from SSA could meet the reporting 
requirement of the IRC. Further, when the attorney or EDPNA 
representative works for an employer (e.g., law firm, partnership or 
other business entity) and we have the employer's name, address and EIN 
information in our file a 1099-MISC information return will also be 
issued to the employer.
    Further, the Debt Collection Improvement Act of 1996, 31 U.S.C. 
7701, requires all persons doing business with a federal agency to 
provide TINs/SSNs. A person is considered to be ``doing business'' with 
an agency if the agency assesses a fee on the person. Under sections 
206(d) and 1631(d)(2)(C) of the Social Security Act

[[Page 42165]]

 (42 U.S.C. 406(d) and 1383(d)(2)(C)), SSA assesses a fee for 
determining and paying the fee each time it directly pays a 
representational fee to a claimant's representative. Moreover, the 
representational fees that SSA directly pays to representatives are 
funds withheld from benefit payments that are redirected to the 
representatives from claimants. Therefore, SSA is ``doing business'' 
with all representatives that it pays. To this end, pursuant to the 
Debt Collection Improvement Act, SSA will also use the TINs/SSNs 
maintained in the Attorney/EDPNA 1099-MISC File for the purpose of 
reporting and collecting any delinquent debts that may arise out of the 
representational fee payments that SSA makes to representatives.
    Thus, the proposed Attorney/EDPNA 1099-MISC File will facilitate 
the efficient collection and maintenance of data needed for the 
verification and issuance of 1099-MISC information returns for 
reporting purposes, as well as the reporting and collection of 
delinquent debts that may arise from payments to representatives. For 
example, the file will maintain the names of representatives eligible 
to receive direct fee payments, TINs/SSNs, tax mailing address, notice/
payment address, each individual payment amount, and sanction history 
as appropriate. The file will also retain employer identification data 
and any other information required by the Commissioner for verification 
and issuance of 1099-MISC information returns. The proposed Attorney/
EDPNA 1099-MISC File not only responds to the requirements of the IRC, 
it also facilitates accuracy in SSA recordkeeping and SSA efforts to 
collect debts arising out of the direct payment of representational 
fees.

B. Collection and Maintenance of Data in the Attorney/EDPNA 1099-MISC 
File System of Records

    The Attorney/EDPNA 1099-MISC File will maintain identifying 
information on all representatives who receive direct fee payments for 
services performed for claimants before SSA and the Federal courts, and 
on their employers. See the ``Categories of records'' section of the 
notice below for a full description of the data that will be maintained 
in the system of records.

II. Proposed Routine Use Disclosures of Data Maintained in the Proposed 
Attorney/EDPNA 1099-MISC File System of Records

A. Proposed Routine Use Disclosures

    We are proposing to establish the following routine use disclosures 
of information that will be maintained in the proposed new Attorney/
EDPNA 1099-MISC File system of records:
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 the 
Attorney/EDPNA 1099-MISC File. 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 the individual may ask his or her congressional 
representative to intercede in a matter relating to the Attorney/EDPNA 
1099-MISC File. 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 Internal Revenue Service and to State and Local Government 
Tax Agencies in Response to Inquiries Regarding Receipt of Fees Paid in 
Any Calendar Year
    We will disclose information under this routine use to the Internal 
Revenue Service (IRS) and to State and local government tax agencies, 
as necessary, regarding fees paid directly by SSA beginning calendar 
year 2007 and subsequent taxable years, as well as any other relevant 
and necessary information regarding fees paid to the qualified claimant 
representatives as appropriate.
4. To the Internal Revenue Service, Department of the Treasury, for the 
Purpose of Auditing Social Security Administration's Compliance With 
the Safeguard Provisions of the Internal Revenue Code of 1986, as 
Amended
    This proposed routine use would allow the IRS to audit SSA's 
maintenance of earnings and wage information in the Attorney/EDPNA 
1099-/MISC File to ensure that SSA complies with the safeguard 
requirements of the IRC.
5. To the Department of Justice (DOJ), a Court, or Other Tribunal, or 
Other Party Before Such Tribunal When
    (a) Social Security Administration (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 a 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 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.
    We will disclose information under this routine use only as 
necessary to enable DOJ to effectively represent or defend SSA, its 
components or employees in litigation involving the proposed system of 
records or when the United States is a party to litigation and SSA has 
an interest in the litigation.
6. To the Department of Justice for
    (a) investigating and prosecuting violations of the Social Security 
Act to which criminal penalties attach;
    (b) representing the Commissioner; or
    (c) investigating issues of fraud or violation of civil rights by 
agency officers or employees.
    We will disclose information under this routine use only as 
necessary to enable DOJ to represent SSA in matters concerning 
violations of the Social Security Act, to represent the Commissioner of 
Social Security, or to investigate issues of fraud or violations of 
civil rights by SSA officers or employees.
7. To Contractors and Other Federal Agencies, as Necessary, for the 
Purpose of Assisting Social Security Administration (SSA) in the 
Efficient Administration of Its Programs. We Will Disclose Information 
Under This Routine Use Only in Situations in Which SSA May Enter a 
Contractual or Similar Agreement With a Third Party To Assist in 
Accomplishing an Agency Function Relating to This System of Records
    SSA occasionally contracts out certain of its functions when this 
would contribute to effective and efficient operations. For example, 
this may

[[Page 42166]]

include contractors, as authorized by 31 U.S.C. 3718, or Federal 
agencies that either operate debt collection centers or that will 
assist SSA in collecting debts through Federal salary, administrative, 
and tax refund offset as provided by 5 U.S.C. 3716 and 3720A. The debts 
collected will only include those owed by claimants' representatives 
arising out of excess or erroneous representational fee payments made 
by SSA. SSA must be able to give a contractor or Federal agency 
whatever information SSA can legally provide in order for the 
contractor or Federal agency to fulfill its duties. In situations in 
which we use contractors, safeguards are provided in the contract 
prohibiting the contractor from using or disclosing the information for 
any purpose other than that described in the contract.
8. To Student Volunteers, Individuals Working Under a Personal Services 
Contract, and Other Workers Who Technically Do Not Have the Status of 
Federal Employees, When They Are Performing Work for the Social 
Security Administration (SSA), as Authorized by Law, and They Need 
Access to Personally Identifiable Information in SSA Records in Order 
To Perform Their Assigned Duties
    Under certain Federal statutes, SSA is authorized to use the 
service of volunteers and participants in certain educational, 
training, employment and community service programs. An example of such 
statutes and programs includes: 5 U.S.C. 2753 regarding the College 
Work-Study Program. We will disclose 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.
9. To Federal, State and Local Law Enforcement Agencies and Private 
Security Contractors as Appropriate, Information Necessary
     To enable them to protect the safety of Social Security 
Administration (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 
disrupts 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.
10. To the General Services Administration and the National Archives 
and Records Administration (NARA) Under 44 U.S.C. 2904 and Sec.  2906, 
as Amended by the NARA Act of 1984, Information Which Is Not Restricted 
From Disclosure by Federal Law for the Use of Those Agencies in 
Conducting Records Management Studies
    The Administrator of the General Services Administration (GSA) and 
the Archivist of NARA are charged by 44 U.S.C. 2904 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.
11. To Employers To Assist the Social Security Administration (SSA) in 
the Collection of Debts Owed by Claimants' Representatives Who Received 
an Excess or Erroneous Representational Fee Payment and Owe a 
Delinquent Debt to SSA. Disclosure Under This Routine Use Is Authorized 
Under the Debt Collection Improvement Act of 1966 (Pub. L. 104-134) and 
Implemented Through Administrative Wage Garnishment Provisions of This 
Act. See 31 U.S.C. 3720D
    SSA is obligated to attempt to collect debts owed to it. Under 31 
U.S.C. 3720D, implemented by SSA regulations (see 20 CFR Part 22, 
Subpart E), SSA may issue administrative wage garnishment orders to the 
employers of persons who owe debts to SSA. SSA will only provide 
employers with the minimal information necessary to allow employers to 
comply with our orders.
12. To Employers of Claimants' Representatives (e.g., Law Firms, 
Partnerships or Other Business Entities) in Accordance With the 
Requirements of Sections 6041 and 6045(f) of the Internal Revenue Code 
as Implemented by the IRS Regulations Found at 26 CFR 1.6041-1, and as 
Necessary To Carry Out the Attorney/EDPNA Fee Reporting Program
    We will disclose information under this routine use to employers of 
claimants' representatives in accordance with the requirements of 
sections 6041 and 6045(f) of the Internal Revenue Code as implemented 
by IRS regulations found at 26 CFR 1.6041-1, with respect to issuance 
of 1099-MISC information return forms. SSA will only provide employers 
with a copy of the 1099-MISC issued to the employee.

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. SSA's regulations at 20 CFR 
401.150(c) permit us to disclose information under a routine use where 
necessary to carry out SSA programs. SSA's regulations at 20 CFR 
401.120 provide that we will disclose information when a law 
specifically requires the disclosure. The proposed routine uses 
numbered 1 through 9, 11 and 12 above, will ensure efficient 
performance of our functions relating to the purpose and administration 
of the proposed Attorney/EDPNA 1099-MISC File; the disclosures that 
would be made under routine use number 10 are required by Federal law. 
The proposed routine uses are appropriate and meet the relevant 
statutory and regulatory criteria.

III. Disclosure to Consumer Reporting Agencies

    The Privacy Act of 1974, as amended (5 U.S.C. 552a(b)(12)), permits 
Federal agencies to disclose certain information to consumer reporting 
agencies in accordance with 31 U.S.C. 3711(e) without the consent of 
the individuals to whom the information pertains. The purpose of this 
disclosure is to provide an incentive for individuals to pay any 
outstanding debts they owe to the Federal government by including 
information about these debts in the records that are identified in the 
records relating to those persons maintained by consumer reporting 
agencies. This is a practice commonly used by the private

[[Page 42167]]

sector. The information disclosed will be limited to that needed to 
establish the identity of the individual debtor, the amount, status, 
and history of the debt; and the agency or program under which the debt 
arose.
    We have added the following statement at the end of the routine 
uses section of the proposed system of records:

    Disclosure pursuant to 5 U.S.C. Sec.  552a(b)(12) may be made to 
consumer reporting agencies as defined in the Fair Credit Reporting 
Act (15 U.S.C. Sec.  1681a(f)) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. Sec.  3701, et seq.), as amended. The disclosure 
will be made in accordance with 31 U.S.C. Sec.  3711(e). The purpose 
of this disclosure is to aid in the collection of outstanding debts 
owed to the Federal government, typically, to provide an incentive 
for debtors to repay delinquent Federal government debts by making 
these debts part of their credit records. The information to be 
disclosed is limited to the individual's name, address, SSN, and 
other information necessary to establish the individual's identity, 
the amount, status, and history of the debt; and the agency or 
program under which the debt arose.

IV. Records Storage Medium and Safeguards for the Proposed Attorney/
EDPNA 1099-MISC File System of Records

    The Attorney/EDPNA 1099-MISC File is a repository for records in 
paper and electronic form. Only authorized SSA 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 systems 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. 
Safeguards include a lock/unlock password system, exclusive use of 
leased telephone lines, a terminal-oriented transaction matrix, and an 
audit trail. Any manually maintained records will be kept in locked 
cabinets or in otherwise secure areas. Furthermore, SSA employees 
having access to SSA databases maintaining personal information must 
sign a sanction document annually, acknowledging their accountability 
for making unauthorized access to or disclosure of such information.
    Contractor personnel having access to data in the proposed 
Attorney/EDPNA 1099-MISC File will be required to adhere to SSA rules 
concerning safeguards, access and use of the data.
    SSA personnel having access to the data on this system will be 
informed of the criminal penalties provided in the Privacy Act and 
other statutes for unauthorized access to or disclosure of information 
maintained in this system. See 5 U.S.C. 552a(i)(1).

VI. Effect of the Proposed Attorney/EDPNA 1099-MISC File System of 
Records on the Rights of Individuals

    The proposed Attorney/EDPNA 1099-MISC File system of records will 
maintain only that information that is necessary for the efficient and 
effective:
     Verification and issuance of 1099-MISC information returns 
to representatives who receive direct fee payments;
     Issuance of 1099-MISC information returns to employers of 
claimants' representatives;
     Reporting required by the IRC; and
     Collection or reporting of delinquent debts that might 
arise from payments made to representatives.
    Security measures will be employed that protect access to and 
preclude unauthorized disclosure of records in the proposed system of 
records. Therefore, we do not anticipate that the proposed system of 
records will have any unwarranted adverse effect on the rights of 
individuals.

    Dated: July 18, 2006.
Jo Anne B. Barnhart,
Commissioner.

Social Security Administration

Notice of System of Records Required by the Privacy Act of 1974

60-0325

System name:
     Attorney/EDPNA 1099-MISC File, Social Security Administration 
(SSA), Deputy Commissioner for Budget, Finance and Management

Security classification:
     None.

System location:
    The Attorney/EDPNA 1099-MISC File is established when claimants' 
representatives who are eligible to receive direct fee payments file a 
request for direct payment through the internet, by mail, or in person 
and the information is maintained in the National Computer Center at 
SSA Headquarters. The computerized records and database are maintained 
at the Social Security Administration, Office of Systems, 6401 Security 
Boulevard, Baltimore, Maryland 21235.

Categories of individuals covered by the system:
    This system covers only claimants' representatives who are eligible 
to receive direct payment of representational fees for representing SSA 
claimants at the administrative or court level in SSA-related matters.

Categories of records in the system:
    The Attorney/EDPNA 1099-MISC File will maintain the following 
information: Names of representatives eligible to receive direct fee 
payments, taxpayer identification numbers (TIN)/Social Security numbers 
(SSN), tax mailing address, notice/payment address, type of 
representative (e.g., Attorney or EDPNA), tax identification number, 
court-standing information, sanction-related information (e.g., 
``Disqualified or Suspended,'' and start/stop date of sanction), 
signature date on the Appointment of Representative (Form SSA-1696-U4) 
or equivalent written statement, termination of service date, business 
affiliation information (e.g., sole proprietor or single-member Limited 
Liability Company/Limited Liability Partnership; or partner or salaried 
employee), telephone/fax numbers, name and address of entity (e.g., 
Firm, Other), EIN of entity, business affiliations, and direct deposit 
information. The system will also contain relevant claimants' SSNs.

Authority for maintenance of the system:
    Sections 205, 206, 1631(d)(1) and 1631(d)(2) of the Act, as 
amended, and Sections 6041 and 6045 of the Internal Revenue Code (26 
CFR Part 1).

Purpose(s):
     The Attorney/EDPNA 1099-MISC File will ensure appropriate and 
efficient collection, maintenance and issuance of 1099-MISC information 
returns to representatives eligible to receive direct fee payments for 
services rendered to claimants in proceedings before SSA or a Federal 
court. The file will also ensure issuance of 1099-MISC information 
returns to employers of claimants' representatives when information 
about the employer is known. The information is used throughout SSA for 
the purpose of verifying, documenting, and organizing the information 
for reporting purposes. The file will also be used in determining 
whether representatives owe SSA a debt based on an excess or erroneous 
fee payment and to assist SSA in its representative sanction and debt 
collection process.
    The Attorney/EDPNA 1099-MISC File may also be used for quality 
review, evaluation, and measurement studies, and other statistical and 
research purposes. Extracts may be maintained as interviewing tools, 
activity logs, records of claims clearance, and records of type or 
nature of actions taken.

[[Page 42168]]

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosures may be made for routine uses as indicated below. 
However, 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 the IRC, 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/her behalf.
    2. To a congressional office in response to an inquiry from that 
office made at the request of the subject of the record.
    3. To the Internal Revenue Service and to State and local 
government tax agencies in response to inquiries regarding receipt of 
fees paid directly by SSA in calendar year 2007 and continuing.
    4. To the Internal Revenue Service, Department of the Treasury, for 
the purpose of auditing Social Security Administration's compliance 
with the safeguard provisions of the Internal Revenue Code of 1986, as 
amended.
    5. To the Department of Justice, a court, or other tribunal, or 
other party before such tribunal when:
    (a) Social Security Administration, or any component thereof;
    (b) Any SSA employee in his/her official capacity;
    (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 a 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 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.

    6. To Department of Justice for:
    (a) Investigating and prosecuting violations of the Social Security 
Act to which criminal penalties attach;
    (b) Representing the Commissioner; or
    (c) Investigating issues of fraud or violation of civil rights by 
agency officers or employees.
    7. To contractors and other Federal agencies, as necessary, for the 
purpose of assisting SSA in the efficient administration of its 
programs. We will disclose information under this routine use only in 
situations in which SSA may enter a contractual or similar agreement 
with a third party to assist in accomplishing an agency function 
relating to this system of records.
    8. To student volunteers, individuals working under a personal 
services contract, and other workers who technically do not have the 
status of Federal employees, when they are performing work for the 
Social Security Administration (SSA), as authorized by law, and they 
need access to personally identifiable information in SSA records in 
order to perform their assigned duties.
    9. To Federal, State and local law enforcement agencies and private 
security contractors as appropriate, information necessary:
     To enable them to protect the safety of Social Security 
Administration employees and customers, the security of the SSA 
workplace and the operation of SSA facilities; or
     To assist in investigations or prosecutions with respect 
to activities that affect such safety and security or activities that 
disrupts the operation of SSA facilities.
    10. To the General Services Administration and the National 
Archives and Records Administration under 44 U.S.C. 2904 and 2906, as 
amended by the NARA Act of 1984, information which is not restricted 
from disclosure by Federal law for use by those agencies in conducting 
records management studies.
    11. To employers to assist the Social Security Administration (SSA) 
in the collection of debts owed by claimants' representatives who 
received an excess or erroneous representational fee payment and owe a 
delinquent debt to SSA. Disclosure under this routine use is authorized 
under the Debt Collection Improvement Act of 1966 (Pub. L. 104-134) and 
implemented through administrative wage garnishment provisions of this 
Act (31 U.S.C. 3720D).
    12. To employers of claimants' representatives (e.g., firms, 
partnerships or other business entities) in accordance with the 
requirements of sections 6041 and 6045(f) of the Internal Revenue Code 
as implemented by IRS regulations found at 26 CFR 1.6041-1, and as 
necessary to carry out the Attorney/EDPNA Fee reporting program.

Disclosure to Consumer Reporting Agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12) may be made to consumer 
reporting agencies as defined in the Fair Credit Reporting Act (15 
U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 
U.S.C. 3701, et seq.), as amended. The disclosure will be made in 
accordance with 31 U.S.C. 3711(e). The purpose of this disclosure is to 
aid in the collection of outstanding debts owed to the Federal 
government, typically, to provide an incentive for debtors to repay 
those delinquent debts by making the debts part of their credit 
records. The information to be disclosed is limited to the individual's 
name, address, SSN, and other information necessary to establish the 
individual's identity; the amount, status, and history of the debt; and 
the agency or program under which the debt arose.

Extended Use of Taxpayer Identification Numbers/Social Security 
Numbers:
    Under the Debt Collection Improvement Act of 1996, 31 U.S.C. 7701, 
each Federal agency must require all persons doing business with that 
Federal agency to provide their TINs/SSNs. A person is considered to be 
``doing business'' with an agency if the agency assesses a fee on the 
person. Under sections 206(d) and 1631(d)(2)(C) of the Social Security 
Act (42 U.S.C. 406(d) and 1383(d)(2)(C)), SSA assesses a fee each time 
it directly pays a representational fee to a claimant's representative. 
Further, the representational fees that SSA directly pays to 
representatives are funds withheld from benefit payments that are 
redirected to the representatives from claimants. Therefore, SSA is 
``doing business'' with all representatives to whom it pays fees. 
Pursuant to the Debt Collection Improvement Act of 1996, 31 U.S.C. 
7701(c)(3), SSA gives notice that it intends to use the TINs/SSNs for 
the purpose of collecting or reporting any delinquent debts that arise 
out of the representational fee payments that SSA makes to 
representatives. SSA will only disclose TINs/SSNs when necessary to 
facilitate debt collection or reporting as indicated by Federal statute 
or regulation.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records are maintained in both electronic and paper form.

Retrievability:
    Records are retrieved by SSN or alphabetically by the 
representative's name.

Safeguards:
    Attorney/EDPNA 1099-MISC files are protected through limited access 
to SSA records. Access to the records is limited to those employees who 
require such access in the performance of their

[[Page 42169]]

official duties. All employees are instructed about SSA confidentiality 
rules as part of their initial orientation training.
    Safeguards for automated records have been established in 
accordance with the Systems Security Handbook. For computerized records 
electronically transmitted between SSA's central office and field 
office locations (including organizations administering SSA programs 
under contractual agreements), safeguards include a lock/unlock 
password system, exclusive use of leased telephone lines, a terminal-
oriented transaction matrix, and an audit trail. Access http://www.ssa.gov/foia/bluebook/app_g.htm for additional information 
regarding the safeguards SSA employs to protect its paper and automated 
records.

Retention and disposal:
    The information contained in the Attorney and Eligible Direct Pay 
Non-Attorney (EDPNA) 1099-MISC File will be retained for 3 years. An 
SF-115, Request for Records Disposition Authority must be written and 
presented to the National Archives and Records Administration for 
approval since there are no existing schedules that cover these 
records. None of the information contained in this database may be 
destroyed/deleted prior to the approval of the disposition schedule. 
All records must be definitively destroyed in accordance with their 
appropriate retention schedules.

System manager(s) and address:
    Deputy Commissioner for Budget, Finance and Management, 6401 
Security Boulevard, Baltimore, Maryland 21235.

Notification procedure(s):
     An individual can determine if this system contains a record about 
him/her by writing to the system 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 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 document 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.
    If notification is requested by telephone, an individual must 
verify his/her identity by providing identifying information that 
parallels information in 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 to providing 
information to the requesting individual.
    If a request for notification is submitted by mail, the 
representative 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 401.40(c)).

Record access procedure(s):
     Same as Notification procedures. Requesters also should reasonably 
specify the record contents they are seeking. These procedures are in 
accordance with SSA regulations (20 CFR 401.40(c)).

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(a)).

Record source categories:
    Information in this system of records is obtained from claimant 
representatives or SSA records (e.g., the Master Beneficiary Record, 
Supplemental Security Income Record, Numident Record).

Systems exempted from certain provisions of the Privacy Act:
    None.

[FR Doc. E6-11784 Filed 7-24-06; 8:45 am]
BILLING CODE 4191-02-P