Privacy Act of 1974; as Amended; New System of Records and New Routine Use Disclosures, 34515-34519 [05-11745]
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Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–3061 Filed 6–13–05; 8:45 am]
BILLING CODE 8010–01–P
SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974; as Amended; New
System of Records and New Routine
Use Disclosures
AGENCY:
Social Security Administration
(SSA).
Proposed new system of records
and proposed routine uses.
ACTION:
SUMMARY: In accordance with the
Privacy Act (5 U.S.C. 552a(e)(4) and
(e)(11)), we are issuing public notice of
our intent to establish a new system of
records entitled, the National Docketing
Management Information System
(NDMIS) and routine uses applicable to
this system of records. Hereinafter, we
will refer to the proposed system of
records as the NDMIS. We invite public
comments on this proposal.
DATES: We filed a report of the proposed
new system of records and proposed
routine use disclosures with the
Chairman of the Senate Committee on
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 June
2, 2005. The proposed system of records
and routine uses will become effective
on July 12, 2005, unless we receive
comments warranting it not to become
effective.
ADDRESSES: Interested individuals may
comment on this publication by writing
to the Executive Director, Office of
Public Disclosure, Office of the General
Counsel, Social Security
Administration, Room 3–A–6
Operations Building, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401. All comments received will be
available for public inspection at the
above address.
FOR FURTHER INFORMATION CONTACT: Ms.
Joyce Schaul, Social Insurance
Specialist, Office of Public Disclosure,
Office of the General Counsel, Social
Security Administration, Room 3–A–6
Operations Building, 6401 Security
Boulevard, Baltimore, Maryland 21235,
e-mail address at joyce.schaul@ssa.gov,
or by telephone at (410) 965–5662.
SUPPLEMENTARY INFORMATION:
13 17
CFR 200.30–3(a)(12).
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I. Background and Purpose of the
Proposed New System of Records
Entitled the NDMIS
A. General Background
The Office of the General Counsel
(OGC) in SSA is responsible for the
Agency’s litigation workloads. In order
to handle these workloads, OGC has to
efficiently and effectively control, track,
and maintain information about these
workloads as they develop. For
example, SSA receives communications
from individuals and/or their
representatives about legal matters that
may result or have resulted in litigation.
Information about such matters is
maintained in the NDMIS to aid OGC’s
offices in SSA headquarters in
Baltimore, and its 10 regional offices, to
process these workloads. The system
maintains and tracks records during all
phases of processing each matter
through its resolution.
B. Collection and Maintenance of the
Data for the Proposed New System of
Records Entitled the NDMIS
SSA must collect and maintain
identifying information about
individuals and/or their representatives;
about individuals who are in
communication with SSA regarding
legal matters; about individuals against
whom SSA may pursue or has pursued
legal action; and about Government
representatives who work on these
matters. We will retrieve information
from the proposed system of records by
using certain identifiers, including the
individual’s name, Social Security
number (SSN) and/or Employer
Identification number. Thus, the NDMIS
system will constitute a system of
records under the Privacy Act of 1974,
as amended.
II. Proposed Routine Use Disclosures of
Data Maintained in the Proposed
NDMIS
A. Proposed Routine Use Disclosures
We are proposing to establish routine
uses of information that will be
maintained in the proposed NDMIS as
discussed below.
1. To the Office of the President for
the purpose of responding to an
individual pursuant to an inquiry
received from that individual or from a
third party on his or her behalf.
We will disclose information under
this routine use only in situations in
which an individual may contact the
Office of the President, seeking that
Office’s assistance in a matter relating to
information contained in this system of
records. Information will be disclosed
when the Office of the President makes
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34515
an inquiry and indicates that it is acting
on behalf of the individual whose
record is requested.
2. To a congressional office in
response to an inquiry from that office
made at the request of the subject of a
record.
We will disclose information under
this routine use only in situations in
which an individual may ask his or her
congressional representative to
intercede in a matter relating to
information contained in this system of
records. Information will be disclosed
when the congressional representative
makes an inquiry and indicates that he
or she is acting on behalf of the
individual whose record is requested.
3. To the Department of Justice (DOJ),
a court or other tribunal, or another
party before such tribunal when:
(a) SSA, or any component thereof; or
(b) any SSA employee in his/her
official capacity; or
(c) any SSA employee in his/her
individual capacity where DOJ (or SSA
where it is authorized to do so) has
agreed to represent the employee; or
(d) the United States or any agency
thereof where SSA determines that the
litigation is likely to affect the operation
of SSA or any of its components,
is party to litigation or has an interest
in such litigation, and SSA determines
that the use of such records by DOJ, a
court or other tribunal, or another party
before such tribunal, is relevant and
necessary to the litigation, provided,
however, that in each case, SSA
determines that such disclosure is
compatible with the purpose for which
the records were collected.
Disclosure of any information defined
as ‘‘return or return information’’ under
26 U.S.C. 6103 of the Internal Revenue
Code (IRC) will not be made unless
authorized by a statute, the Internal
Revenue Service (IRS), or IRS
regulations.
We will disclose information under
this routine use only as necessary to
enable DOJ to effectively defend SSA,
its components or employees in
litigation involving the proposed new
system of records and ensure that courts
and other tribunals have appropriate
information.
4. To student volunteers, individuals
working under a personal service
contract, and other individuals
performing functions for SSA, but
technically not having the status of
Agency employees, if they need access
to the records in order to perform their
assigned Agency functions.
Under certain Federal statutes, SSA is
authorized to use the service of
volunteers and participants in certain
educational, training, employment and
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community service programs. Examples
of such statutes and programs include:
5 U.S.C. 3111 regarding student
volunteers and 42 U.S.C. 2753 regarding
the College Work-Study Program. We
contemplate disclosing information
under this routine use only when SSA
uses the services of these individuals
and they need access to information in
this system to perform their assigned
agency duties.
5. To contractors and other Federal
agencies, as necessary, for the purpose
of assisting SSA in the efficient
administration of its programs. We
contemplate disclosing information
under this routine use only in situations
in which SSA may enter into a
contractual or similar agreement with a
third party to assist in accomplishing an
Agency function relating to this system
of records.
We will disclose information under
this routine use only in situations in
which SSA may enter into a contractual
agreement or similar agreement with a
third party to assist in accomplishing an
Agency function relating to this system
of records.
6. Non-tax return information which
is not restricted from disclosure by
Federal law may be disclosed to the
General Services Administration (GSA)
and the National Archives and Records
Administration (NARA) under 44 U.S.C.
2904 and 2906, as amended by NARA
Act of 1984, for the use of those
agencies in conducting records
management studies.
The Administrator of GSA and the
Archivist of NARA are charged by 44
U.S.C. 2904, as amended, with
promulgating standards, procedures and
guidelines regarding record
management and conducting records
management studies. 44 U.S.C. 2906, as
amended, provides that GSA and NARA
are to have access to Federal agencies’
records and that agencies are to
cooperate with GSA and NARA. In
carrying out these responsibilities, it
may be necessary for GSA and NARA to
have access to this proposed system of
records. In such instances, the routine
use will facilitate disclosure.
7. The Commissioner shall disclose to
the Secretary of Health and Human
Services (HHS), or to any State, any
record or information requested in
writing by the Secretary to be so
disclosed for the purpose of
administering any program
administered by the Secretary, if records
or information of such type were so
disclosed under applicable rules,
regulations and procedures in effect
before the date of enactment of the
Social Security Independence and
Program Improvements Act of 1994.
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We will disclose information under
this routine use only when the records
or information of such type were so
disclosed under applicable rules,
regulations and procedures that were in
effect prior to SSA becoming
independent of HHS.
8. To the Equal Employment
Opportunity Commission (EEOC) when
requested in connection with
investigations 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 to the
EEOC to assist in investigations into
alleged or possible discriminatory
practices in the Federal sector and for
other functions vested in the
Commission.
9. 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, matters before an arbitrator or
the Federal Service Impasses Panel.
We will disclose information under
this routine use, as necessary, to the
Federal Labor Relations Authority, the
General Counsel, the Federal Mediation
and Conciliation Service, and the
Federal Service Impasses Panel, or an
arbitrator, when requested in
connection with allegations of unfair
labor practices, matters before an
arbitrator or the Federal Service
Impasses Panel.
10. To the Merit Systems Protection
Board or the Office of Special Counsel
in connection with appeals, special
studies of the civil service and other
merit systems, review of rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and other such functions promulgated
in 5 U.S.C. chapter 12, or as may be
authorized by law.
We will disclose information under
this routine use, as necessary, to the
Merit Systems Protection Board or the
Office of Special Counsel when
requested in matters pending before the
Merit Systems Protection Board or the
Office of Special Counsel.
11. To Federal, State, and local law
enforcement agencies and private
security contractors, as appropriate,
information necessary:
• To enable them to protect the safety
of SSA employees and the public, the
security of the SSA workplace, and the
operation of SSA facilities, or
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• To assist investigations or
prosecutions with respect to activities
that affect such safety and security or
activities that disrupt the operation of
SSA facilities.
We will disclose information under
this routine use to law enforcement
agencies and private security
contractors when information is needed
to respond to, investigate, or prevent,
activities that jeopardize the security
and safety of the public, 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 a Federal, State or local law in
connection with such activities.
12. To Federal, State, or local
agencies (or agents on their behalf) for
administering cash or non-cash income
maintenance or health maintenance
programs (including programs under the
Act). Such disclosures include, but are
not limited to, release of information to:
• Railroad Retirement Board (RRB)
for administering provisions of the
Railroad Retirement and Social Security
Acts relating to railroad employment
and for administering the Railroad
Unemployment Insurance Act;
• The Veterans Administration (VA)
for administering 38 U.S.C. 412, and
upon request, information needed to
determine eligibility for or amount of
VA benefits or verifying other
information with respect thereto;
• The Department of Labor for
administering provisions of Title IV of
the Federal Coal Mine Health and
Safety Act, as amended by the Black
Lung Benefits Act;
• State agencies for making
determinations of Medicaid eligibility;
• State agencies for making
determinations of food stamp eligibility
under the food stamp program;
• To State audit agencies for auditing
State supplementation payments and
Medicaid eligibility considerations; and
expenditures of Federal funds by the
State in support of the Disability
Determination Services;
• To State welfare departments
pursuant to agreements with SSA for
administration of State
supplementation payments; for
enrollment of welfare recipients for
medical insurance under section 1843
of the Act; and for conducting
independent quality assurance reviews
of SSI recipient records, provided that
the agreement for Federal
administration of the supplementation
provides for such an independent
review; and
• To State vocational rehabilitation
agencies or State crippled children’s
service agencies (or other agencies
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providing services to disabled children)
for consideration of rehabilitation
services per sections 222 and 1615 of
the Act.
We will disclose information under
this routine use only for the purpose of
supporting other government agencies
that administer programs which have
the same compatible purposes as SSA
programs: e.g., eligibility, benefit
amounts, or other matters of benefit
status in a social security program and
is relevant to determining the same
matters in the other program.
B. Compatibility of Proposed Routine
Uses
The Privacy Act (5 U.S.C. 552a(b)(3))
and SSA’s disclosure regulation (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 5 and
8 through 12, above, will ensure
efficient administration of SSA
programs administered through the
NDMIS; the disclosure that would be
made under routine uses number 6 and
7 are required by law. The proposed
routine uses are appropriate and meet
the relevant statutory and regulatory
criteria.
III. Records Storage Medium and
Safeguards for the Proposed New
System Entitled the NDMIS
SSA will maintain information in the
NDMIS in electronic form. Only
authorized SSA and contractor
personnel who have a need for the
information in the performance of their
official duties will be permitted access
to the information. We will safeguard
the security of the information by
requiring the use of access codes to
enter the computer system that will
maintain the data and will store
computerized records in secured areas
that are accessible only to employees
who require the information to perform
their official duties. Any manually
maintained records will be kept in
locked cabinets or in otherwise secure
areas. 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.
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Contractor personnel having access to
data in the NDMIS will be required to
adhere to SSA rules concerning
safeguards, access and use of the data.
SSA and contractor personnel having
access to the data on this system will be
informed of the criminal penalties of the
Privacy Act for unauthorized access to
or disclosure of information maintained
in this system. See 5 U.S.C. 552a(i)(1).
IV. Effect of the Proposed NDMIS on
the Rights of Individuals
The proposed new system of records
will maintain only that information that
is necessary for the efficient and
effective control and processing of the
NDMIS in order to maintain, track and
process SSA’s litigation workload.
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 an
unwarranted adverse effect on the rights
of individuals.
Dated: June 2, 2005.
Jo Anne B. Barnhart,
Commissioner.
Notice of System of Records Require by
the Privacy Act of 1974, as Amended
SYSTEM NUMBER:
60–0318.
SYSTEM NAME:
National Docketing Management
Information System (NDMIS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The Office of the General Counsel,
Executive Officer, Room 600, Altmeyer
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system maintains information
about (1) Individuals and/or their
representatives who filed a claim for
benefits under Social Security Act
programs and who may pursue, or have
pursued, litigation with SSA; (2)
individuals and/or their representatives
who have communicated or
corresponded with SSA about a matter
that may result in litigation with SSA;
(3) current, former, and prospective SSA
employees and/or their representatives
who may pursue, or have pursued,
litigation about employment issues with
SSA; (4) individuals, including current,
former and prospective employees
against whom SSA may pursue, or has
pursued, legal action; and (5)
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Government representatives who work
on these matters.
CATEGORIES OF RECORDS IN THE SYSTEM:
The NDMIS consists of identification
information about a variety of
administrative and civil litigation and
identification information about
communications and correspondence
that may result, or has resulted, in
litigation brought against, or by, SSA.
SSA receives records of court dockets
relating to legal matters from
individuals and/or their representatives
who may pursue, or have pursued,
litigation with SSA. SSA receives
documents submitted or filed by
plaintiffs, grievants, complainants and
appellants to prosecute civil or
administrative litigation against SSA.
NDMIS contains identification
information about the litigation initiated
against SSA by individuals who have
filed a claim for benefits under SSA
programs as well as civil rights
complaints; and by current, former, and
prospective employees such as
complaints, grievances, unfair labor
practice claims, appeals and waiver
requests. SSA receives inquiries,
communications and correspondence
from individuals that may result in
litigation brought against, or by, SSA.
This system contains information about
these matters, including the name of the
individual/claimant/SSA employee, his/
her Social Security number (SSN), date
of the initial contact, type of inquiry,
court civil action number, district court
name, administrative case number,
administrative case name, status of the
case, disposition of the case, name of
the claimant’s representative and
Employer Identification number, if
applicable, and identification
information about the Government’s
representatives.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 205(a) (42 U.S.C. 405(a)),
206(a) (42 U.S.C. 406(a)) and (1631(d)
(42 U.S.C. 1383(d)) of the Social
Security Act, as amended; 44 U.S.C.
3103 et seq., as amended; 5 U.S.C. 7121,
as amended; 5 CFR part 771; 5 CFR part
1201, as amended; 42 U.S.C. 2000e et
seq., as amended; 29 CFR chapter XVI,
as amended; 29 U.S.C. 633a and 701 et
seq., as amended.
PURPOSE(S):
The Office of the General Counsel
(OGC) in SSA is responsible for the
Agency’s litigation workloads. The
NDMIS system enables OGC to control,
track, maintain and process these
workloads. The system retains the
history of a case and tracks movement
of the case through the various levels of
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administrative and civil litigation.
Information about events at each level
are maintained in this system to aid
OGC’s offices in SSA headquarters, and
its 10 regional offices, in all phases of
processing this workload through the
resolution of each legal matter.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. To the Office of the President for
the purpose of responding to an
individual pursuant to an inquiry
received from that individual or from a
third party on his or her behalf.
2. To a congressional office in
response to an inquiry from that office
made at the request of the subject of a
record.
3. To the Department of Justice (DOJ),
a court or other tribunal, or another
party before such tribunal when:
• SSA, or any component thereof; or
• Any SSA employee in his/her
official capacity; or
• 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
• the United States or any agency
thereof where SSA determines that the
litigation is likely to affect the
operations of SSA or any of its
components,
is party to litigation or has an interest
in such litigation, and SSA determines
that the use of such records by DOJ, a
court or other tribunal, or another party
before such tribunal, is relevant and
necessary to the litigation, provided,
however, that in each case, SSA
determines that such disclosure is
compatible with the purpose for which
the records were collected.
Disclosure may be made for routine
uses as indicated below. However,
disclosure of any information defined as
‘‘return’’ or ‘‘return information’’ under
26 U.S.C. 6103 of the Internal Revenue
Code will not be made unless
authorized by a statute, the Internal
Revenue Service (IRS) or IRS
regulations.
4. To student volunteers, individuals
working under a personal services
contract, and other individuals
performing functions for SSA, but
technically not having the status of
Agency employees if they need access to
the records in order to perform their
assigned Agency functions.
5. To contractors and other Federal
agencies, as necessary, for the purpose
of assisting SSA in the efficient
administration of its programs. We
contemplate disclosing information
under this routine use only in situations
in which SSA may enter into a
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contractual or similar agreement with a
third party to assist in accomplishing an
Agency function relating to this system
of records.
6. Non-tax return information which
is not restricted from disclosure by
Federal law may be disclosed to the
General Services Administration (GSA)
and the National Archives and Records
Administration (NARA) under 44 U.S.C.
2904 and 2906, as amended by NARA
Act of 1984, for the use of those
Agencies in conducting records
management studies.
7. The Commissioner shall disclose to
the Secretary of Health and Human
Services (HHS), or to any State, any
record or information requested in
writing by the Secretary to be so
disclosed for the purpose of
administering any program
administered by the Secretary, if records
or information of such type were so
disclosed under applicable rules,
regulations and procedures in effect
before the date of enactment of the
Social Security Independence and
Program Improvements Act of 1994.
8. To the Equal Employment
Opportunity Commission (EEOC) when
requested in connection with
investigations 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.
9. 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 the
investigations of allegations of unfair
practices, matters before an arbitrator or
the Federal Service Impasses Panel.
10. To the Merit Systems Protection
Board or the Office of Special Counsel
in connection with appeals, special
studies of the civil service and other
merit systems, review of rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and other such functions promulgated
in 5 U.S.C. chapter 12, or as may be
authorized by law.
11. To Federal, State, and local law
enforcement agencies and private
security contractors, as appropriate,
information necessary:
• To enable them to protect the safety
of SSA employees and the public, the
security of the SSA workplace, the
operation of SSA facilities, or
• To assist investigations or
prosecutions with respect to activities
that affect such safety and security or
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activities that disrupt the operation of
SSA facilities.
12. To Federal, State, or local agencies
(or agents on their behalf) for
administering cash or non-cash income
maintenance or health maintenance
programs (including programs under the
Act). Such disclosures include, but are
not limited to, release of information to:
• Railroad Retirement Board (RRB)
for administering provisions of the
Railroad Retirement and Social Security
Acts relating to railroad employment
and for administering the Railroad
Unemployment Insurance Act;
• The Veterans Administration (VA)
for administering 38 U.S.C. 412, and
upon request, information needed to
determine eligibility for or amount of
VA benefits or verifying other
information with respect thereto;
• The Department of Labor for
administering provisions of Title IV of
the Federal Coal Mine Health and Safety
Act, as amended by the Black Lung
Benefits Act;
• State agencies for making
determinations of Medicaid eligibility;
• State agencies for making
determinations of food stamp eligibility
under the food stamp program;
• To State audit agencies for auditing
State supplementation payments and
Medicaid eligibility considerations; and
expenditures of Federal funds by the
State in support of the Disability
Determination Services (DDS);
• To State welfare departments
pursuant to agreements with SSA for
administration of State supplementation
payments; for enrollment of welfare
recipients for medical insurance under
section 1843 of the Act; and for
conducting independent quality
assurance reviews of SSI recipient
records, provided that the agreement for
Federal administration of the
supplementation provides for such an
independent review; and
• To State vocational rehabilitation
agencies or State crippled children’s
service agencies (or other agencies
providing services to disabled children)
for consideration of rehabilitation
services per sections 222 and 1615 of
the Act.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are maintained
electronically.
RETRIEVABILITY:
Records are retrievable by claimant/
employee name, his/her SSN,
administrative tribunal number or court
civil action number.
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SAFEGUARDS:
Security measures include the use of
access codes to enter the computer
system which will maintain the data
and the storage of computerized records
in secured areas that are accessible only
to employees who require the
information in performing their official
duties. SSA employees who have access
to the data will be informed of the
criminal penalties of the Privacy Act for
unauthorized access to or disclosure of
information maintained in the system.
See 5 U.S.C. 552a(i)(1).
Contractor personnel having access to
data in the system of records will be
required to adhere to SSA rules
concerning safeguards, access and use of
the data.
RETENTION AND DISPOSAL:
Data will be maintained electronically
on all active Agency litigation
workloads from receipt through
resolution. Information in this new
system of records will be retained in
accordance with OGC’s internal policy
directive that information will be
retained until final disposition of the
matter.
SYSTEM MANAGER AND ADDRESS:
Executive Officer, Office of the
General Counsel, Social Security
Administration, 6401 Security Blvd.,
Baltimore, Maryland 21235–6401.
NOTIFICATION PROCEDURE(S):
An individual can determine if this
system contains a record about him/her
by writing to the systems manager at the
above address and providing his/her
name, SSN or other information that
may be in the system of records that will
identify him/her. An individual
requesting notification of records in
person should provide the same
information, as well as provide an
identity document, preferably with a
photograph, such as a driver’s license. If
an individual does not have any
identification documents sufficient to
establish his/her identity, the individual
must certify in writing that he/she is the
person claimed to be and that he/she
understands that the knowing and
willful request for, or acquisition of, a
record pertaining to another individual
under false pretenses is a criminal
offense.
If notification is requested by
telephone, an individual must verify
his/her identity by providing identifying
information that parallels the record to
which notification is being requested. If
we determine that the identifying
information that the individual provides
by telephone is insufficient, we will
require the individual to submit a
VerDate jul<14>2003
20:14 Jun 13, 2005
Jkt 205001
request in writing or in person. If an
individual is requesting information by
telephone on behalf of another
individual, the subject individual must
be connected with SSA and the
requesting individual in the same phone
call. SSA will establish the subject
individual’s identity (his/her name,
SSN, address, date of birth and place of
birth along with one other piece of
information such as mother’s maiden
name) and ask for his/her consent in
providing information to the requesting
individual.
If a request for notification is
submitted by mail, an individual must
include a notarized statement to SSA to
verify his/her identity or must certify in
the request that he/she is the person
claimed to be and that he/she
understands that the knowing and
willful request for, or acquisition of, a
record pertaining to another individual
under false pretenses is a criminal
offense. These procedures are in
accordance with SSA Regulations (20
CFR 401.45).
RECORD ACCESS PROCEDURE(S):
Same as ‘‘Notification’’ procedure(s).
Requesters also should specify
reasonably the record contents they are
seeking. These procedures are in
accordance with SSA Regulations (20
CFR 401.40).
CONTESTING RECORD PROCEDURE(S):
Same as ‘‘Notification’’ procedure(s).
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).
Information in this system is obtained
from SSA claimants and/or their
representatives; SSA employees
(current, former and prospective) and/or
their representatives; Government
contractors; SSA personnel and records;
documents relating to the claim, appeal,
grievance or complaint; civil courts; the
Equal Employment Opportunity
Commission, the Merit Systems
Protection Board and other similar
organizations, and from information on
incoming legal matters relating to
litigation or possible litigation with the
Agency.
Frm 00079
Fmt 4703
Sfmt 4703
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE PRIVACY ACT:
None.
[FR Doc. 05–11745 Filed 6–13–05; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 5096]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘The
Legacy of Homer: Four Centuries of
Art From the Ecole National Superieure
des Beaux-Arts, Paris’’
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition ‘‘The Legacy
of Homer: Four Centuries of Art from
the Ecole National Superieure des
Beaux-Arts, Paris,’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owner. I also determine that the
exhibition or display of the exhibit
objects at The Dahesh Museum of Art,
New York, New York, from on or about
October 11, 2005 to on or about January
22, 2006, and at possible additional
venues yet to be determined, is in the
national interest. Public Notice of these
Determinations is ordered to be
published in the Federal Register.
For
further information, including a list of
the exhibit objects, contact Wolodymyr
R. Sulzynsky, the Office of the Legal
Adviser, Department of State,
(telephone: 202/453–8050). The address
is Department of State, SA–44, 301 4th
Street, SW., Room 700, Washington, DC
20547–0001.
FOR FURTHER INFORMATION CONTACT:
RECORD SOURCE CATEGORIES:
PO 00000
34519
Dated: June 3, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–11737 Filed 6–13–05; 8:45 am]
BILLING CODE 4710–08–P
E:\FR\FM\14JNN1.SGM
14JNN1
Agencies
[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34515-34519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11745]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974; as Amended; New System of Records and New
Routine Use Disclosures
AGENCY: Social Security Administration (SSA).
ACTION: Proposed new system of records and proposed routine uses.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and
(e)(11)), we are issuing public notice of our intent to establish a new
system of records entitled, the National Docketing Management
Information System (NDMIS) and routine uses applicable to this system
of records. Hereinafter, we will refer to the proposed system of
records as the NDMIS. We invite public comments on this proposal.
DATES: We filed a report of the proposed new system of records and
proposed routine use disclosures with the Chairman of the Senate
Committee on 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 June 2, 2005. The proposed system of records and routine uses
will become effective on July 12, 2005, unless we receive comments
warranting it not to become effective.
ADDRESSES: Interested individuals may comment on this publication by
writing to the Executive Director, Office of Public Disclosure, Office
of the General Counsel, Social Security Administration, Room 3-A-6
Operations Building, 6401 Security Boulevard, Baltimore, Maryland
21235-6401. All comments received will be available for public
inspection at the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Joyce Schaul, Social Insurance
Specialist, Office of Public Disclosure, Office of the General Counsel,
Social Security Administration, Room 3-A-6 Operations Building, 6401
Security Boulevard, Baltimore, Maryland 21235, e-mail address at
joyce.schaul@ssa.gov, or by telephone at (410) 965-5662.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose of the Proposed New System of Records
Entitled the NDMIS
A. General Background
The Office of the General Counsel (OGC) in SSA is responsible for
the Agency's litigation workloads. In order to handle these workloads,
OGC has to efficiently and effectively control, track, and maintain
information about these workloads as they develop. For example, SSA
receives communications from individuals and/or their representatives
about legal matters that may result or have resulted in litigation.
Information about such matters is maintained in the NDMIS to aid OGC's
offices in SSA headquarters in Baltimore, and its 10 regional offices,
to process these workloads. The system maintains and tracks records
during all phases of processing each matter through its resolution.
B. Collection and Maintenance of the Data for the Proposed New System
of Records Entitled the NDMIS
SSA must collect and maintain identifying information about
individuals and/or their representatives; about individuals who are in
communication with SSA regarding legal matters; about individuals
against whom SSA may pursue or has pursued legal action; and about
Government representatives who work on these matters. We will retrieve
information from the proposed system of records by using certain
identifiers, including the individual's name, Social Security number
(SSN) and/or Employer Identification number. Thus, the NDMIS system
will constitute a system of records under the Privacy Act of 1974, as
amended.
II. Proposed Routine Use Disclosures of Data Maintained in the Proposed
NDMIS
A. Proposed Routine Use Disclosures
We are proposing to establish routine uses of information that will
be maintained in the proposed NDMIS as discussed below.
1. To the Office of the President for the purpose of responding to
an individual pursuant to an inquiry received from that individual or
from a third party on his or her behalf.
We will disclose information under this routine use only in
situations in which an individual may contact the Office of the
President, seeking that Office's assistance in a matter relating to
information contained in this system of records. Information will be
disclosed when the Office of the President makes an inquiry and
indicates that it is acting on behalf of the individual whose record is
requested.
2. To a congressional office in response to an inquiry from that
office made at the request of the subject of a record.
We will disclose information under this routine use only in
situations in which an individual may ask his or her congressional
representative to intercede in a matter relating to information
contained in this system of records. Information will be disclosed when
the congressional representative makes an inquiry and indicates that he
or she is acting on behalf of the individual whose record is requested.
3. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such tribunal when:
(a) SSA, or any component thereof; or
(b) any SSA employee in his/her official capacity; or
(c) any SSA employee in his/her individual capacity where DOJ (or
SSA where it is authorized to do so) has agreed to represent the
employee; or
(d) the United States or any agency thereof where SSA determines
that the litigation is likely to affect the operation of SSA or any of
its components,
is party to litigation or has an interest in such litigation, and
SSA determines that the use of such records by DOJ, a court or other
tribunal, or another party before such tribunal, is relevant and
necessary to the litigation, provided, however, that in each case, SSA
determines that such disclosure is compatible with the purpose for
which the records were collected.
Disclosure of any information defined as ``return or return
information'' under 26 U.S.C. 6103 of the Internal Revenue Code (IRC)
will not be made unless authorized by a statute, the Internal Revenue
Service (IRS), or IRS regulations.
We will disclose information under this routine use only as
necessary to enable DOJ to effectively defend SSA, its components or
employees in litigation involving the proposed new system of records
and ensure that courts and other tribunals have appropriate
information.
4. To student volunteers, individuals working under a personal
service contract, and other individuals performing functions for SSA,
but technically not having the status of Agency employees, if they need
access to the records in order to perform their assigned Agency
functions.
Under certain Federal statutes, SSA is authorized to use the
service of volunteers and participants in certain educational,
training, employment and
[[Page 34516]]
community service programs. Examples of such statutes and programs
include: 5 U.S.C. 3111 regarding student volunteers and 42 U.S.C. 2753
regarding the College Work-Study Program. We contemplate disclosing
information under this routine use only when SSA uses the services of
these individuals and they need access to information in this system to
perform their assigned agency duties.
5. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We contemplate disclosing information under this routine use
only in situations in which SSA may enter into a contractual or similar
agreement with a third party to assist in accomplishing an Agency
function relating to this system of records.
We will disclose information under this routine use only in
situations in which SSA may enter into a contractual agreement or
similar agreement with a third party to assist in accomplishing an
Agency function relating to this system of records.
6. Non-tax return information which is not restricted from
disclosure by Federal law may be disclosed to the General Services
Administration (GSA) and the National Archives and Records
Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by NARA
Act of 1984, for the use of those agencies in conducting records
management studies.
The Administrator of GSA and the Archivist of NARA are charged by
44 U.S.C. 2904, as amended, with promulgating standards, procedures and
guidelines regarding record management and conducting records
management studies. 44 U.S.C. 2906, as amended, provides that GSA and
NARA are to have access to Federal agencies' records and that agencies
are to cooperate with GSA and NARA. In carrying out these
responsibilities, it may be necessary for GSA and NARA to have access
to this proposed system of records. In such instances, the routine use
will facilitate disclosure.
7. The Commissioner shall disclose to the Secretary of Health and
Human Services (HHS), or to any State, any record or information
requested in writing by the Secretary to be so disclosed for the
purpose of administering any program administered by the Secretary, if
records or information of such type were so disclosed under applicable
rules, regulations and procedures in effect before the date of
enactment of the Social Security Independence and Program Improvements
Act of 1994.
We will disclose information under this routine use only when the
records or information of such type were so disclosed under applicable
rules, regulations and procedures that were in effect prior to SSA
becoming independent of HHS.
8. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations 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 to the EEOC to assist in
investigations into alleged or possible discriminatory practices in the
Federal sector and for other functions vested in the Commission.
9. 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,
matters before an arbitrator or the Federal Service Impasses Panel.
We will disclose information under this routine use, as necessary,
to the Federal Labor Relations Authority, the General Counsel, the
Federal Mediation and Conciliation Service, and the Federal Service
Impasses Panel, or an arbitrator, when requested in connection with
allegations of unfair labor practices, matters before an arbitrator or
the Federal Service Impasses Panel.
10. To the Merit Systems Protection Board or the Office of Special
Counsel in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and other such functions promulgated in 5 U.S.C. chapter 12, or as may
be authorized by law.
We will disclose information under this routine use, as necessary,
to the Merit Systems Protection Board or the Office of Special Counsel
when requested in matters pending before the Merit Systems Protection
Board or the Office of Special Counsel.
11. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
To enable them to protect the safety of SSA employees and
the public, the security of the SSA workplace, and the operation of SSA
facilities, or
To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
We will disclose information under this routine use to law
enforcement agencies and private security contractors when information
is needed to respond to, investigate, or prevent, activities that
jeopardize the security and safety of the public, 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 a Federal, State or local law in
connection with such activities.
12. To Federal, State, or local agencies (or agents on their
behalf) for administering cash or non-cash income maintenance or health
maintenance programs (including programs under the Act). Such
disclosures include, but are not limited to, release of information to:
Railroad Retirement Board (RRB) for administering
provisions of the Railroad Retirement and Social Security Acts relating
to railroad employment and for administering the Railroad Unemployment
Insurance Act;
The Veterans Administration (VA) for administering 38
U.S.C. 412, and upon request, information needed to determine
eligibility for or amount of VA benefits or verifying other information
with respect thereto;
The Department of Labor for administering provisions of
Title IV of the Federal Coal Mine Health and Safety Act, as amended by
the Black Lung Benefits Act;
State agencies for making determinations of Medicaid
eligibility;
State agencies for making determinations of food stamp
eligibility under the food stamp program;
To State audit agencies for auditing State supplementation
payments and Medicaid eligibility considerations; and expenditures of
Federal funds by the State in support of the Disability Determination
Services;
To State welfare departments pursuant to agreements with
SSA for administration of State supplementation payments; for
enrollment of welfare recipients for medical insurance under section
1843 of the Act; and for conducting independent quality assurance
reviews of SSI recipient records, provided that the agreement for
Federal administration of the supplementation provides for such an
independent review; and
To State vocational rehabilitation agencies or State
crippled children's service agencies (or other agencies
[[Page 34517]]
providing services to disabled children) for consideration of
rehabilitation services per sections 222 and 1615 of the Act.
We will disclose information under this routine use only for the
purpose of supporting other government agencies that administer
programs which have the same compatible purposes as SSA programs: e.g.,
eligibility, benefit amounts, or other matters of benefit status in a
social security program and is relevant to determining the same matters
in the other program.
B. Compatibility of Proposed Routine Uses
The Privacy Act (5 U.S.C. 552a(b)(3)) and SSA's disclosure
regulation (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 5 and 8 through 12, above, will ensure efficient
administration of SSA programs administered through the NDMIS; the
disclosure that would be made under routine uses number 6 and 7 are
required by law. The proposed routine uses are appropriate and meet the
relevant statutory and regulatory criteria.
III. Records Storage Medium and Safeguards for the Proposed New System
Entitled the NDMIS
SSA will maintain information in the NDMIS in electronic form. Only
authorized SSA and contractor personnel who have a need for the
information in the performance of their official duties will be
permitted access to the information. We will safeguard the security of
the information by requiring the use of access codes to enter the
computer system that will maintain the data and will store computerized
records in secured areas that are accessible only to employees who
require the information to perform their official duties. Any manually
maintained records will be kept in locked cabinets or in otherwise
secure areas. 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 NDMIS will be
required to adhere to SSA rules concerning safeguards, access and use
of the data.
SSA and contractor personnel having access to the data on this
system will be informed of the criminal penalties of the Privacy Act
for unauthorized access to or disclosure of information maintained in
this system. See 5 U.S.C. 552a(i)(1).
IV. Effect of the Proposed NDMIS on the Rights of Individuals
The proposed new system of records will maintain only that
information that is necessary for the efficient and effective control
and processing of the NDMIS in order to maintain, track and process
SSA's litigation workload. 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 an unwarranted adverse effect
on the rights of individuals.
Dated: June 2, 2005.
Jo Anne B. Barnhart,
Commissioner.
Notice of System of Records Require by the Privacy Act of 1974, as
Amended
System Number:
60-0318.
System Name:
National Docketing Management Information System (NDMIS).
Security Classification:
None.
System Location:
The Office of the General Counsel, Executive Officer, Room 600,
Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235.
Categories of Individuals Covered by the System:
This system maintains information about (1) Individuals and/or
their representatives who filed a claim for benefits under Social
Security Act programs and who may pursue, or have pursued, litigation
with SSA; (2) individuals and/or their representatives who have
communicated or corresponded with SSA about a matter that may result in
litigation with SSA; (3) current, former, and prospective SSA employees
and/or their representatives who may pursue, or have pursued,
litigation about employment issues with SSA; (4) individuals, including
current, former and prospective employees against whom SSA may pursue,
or has pursued, legal action; and (5) Government representatives who
work on these matters.
Categories of Records in the System:
The NDMIS consists of identification information about a variety of
administrative and civil litigation and identification information
about communications and correspondence that may result, or has
resulted, in litigation brought against, or by, SSA. SSA receives
records of court dockets relating to legal matters from individuals
and/or their representatives who may pursue, or have pursued,
litigation with SSA. SSA receives documents submitted or filed by
plaintiffs, grievants, complainants and appellants to prosecute civil
or administrative litigation against SSA. NDMIS contains identification
information about the litigation initiated against SSA by individuals
who have filed a claim for benefits under SSA programs as well as civil
rights complaints; and by current, former, and prospective employees
such as complaints, grievances, unfair labor practice claims, appeals
and waiver requests. SSA receives inquiries, communications and
correspondence from individuals that may result in litigation brought
against, or by, SSA. This system contains information about these
matters, including the name of the individual/claimant/SSA employee,
his/her Social Security number (SSN), date of the initial contact, type
of inquiry, court civil action number, district court name,
administrative case number, administrative case name, status of the
case, disposition of the case, name of the claimant's representative
and Employer Identification number, if applicable, and identification
information about the Government's representatives.
Authority for Maintenance of the System:
Sections 205(a) (42 U.S.C. 405(a)), 206(a) (42 U.S.C. 406(a)) and
(1631(d) (42 U.S.C. 1383(d)) of the Social Security Act, as amended; 44
U.S.C. 3103 et seq., as amended; 5 U.S.C. 7121, as amended; 5 CFR part
771; 5 CFR part 1201, as amended; 42 U.S.C. 2000e et seq., as amended;
29 CFR chapter XVI, as amended; 29 U.S.C. 633a and 701 et seq., as
amended.
Purpose(s):
The Office of the General Counsel (OGC) in SSA is responsible for
the Agency's litigation workloads. The NDMIS system enables OGC to
control, track, maintain and process these workloads. The system
retains the history of a case and tracks movement of the case through
the various levels of
[[Page 34518]]
administrative and civil litigation. Information about events at each
level are maintained in this system to aid OGC's offices in SSA
headquarters, and its 10 regional offices, in all phases of processing
this workload through the resolution of each legal matter.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
1. To the Office of the President for the purpose of responding to
an individual pursuant to an inquiry received from that individual or
from a third party on his or her behalf.
2. To a congressional office in response to an inquiry from that
office made at the request of the subject of a record.
3. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such tribunal when:
SSA, or any component thereof; or
Any SSA employee in his/her official capacity; or
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
the United States or any agency thereof where SSA
determines that the litigation is likely to affect the operations of
SSA or any of its components,
is party to litigation or has an interest in such litigation, and SSA
determines that the use of such records by DOJ, a court or other
tribunal, or another party before such tribunal, is relevant and
necessary to the litigation, provided, however, that in each case, SSA
determines that such disclosure is compatible with the purpose for
which the records were collected.
Disclosure may be made for routine uses as indicated below.
However, disclosure of any information defined as ``return'' or
``return information'' under 26 U.S.C. 6103 of the Internal Revenue
Code will not be made unless authorized by a statute, the Internal
Revenue Service (IRS) or IRS regulations.
4. To student volunteers, individuals working under a personal
services contract, and other individuals performing functions for SSA,
but technically not having the status of Agency employees if they need
access to the records in order to perform their assigned Agency
functions.
5. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We contemplate disclosing information under this routine use
only in situations in which SSA may enter into a contractual or similar
agreement with a third party to assist in accomplishing an Agency
function relating to this system of records.
6. Non-tax return information which is not restricted from
disclosure by Federal law may be disclosed to the General Services
Administration (GSA) and the National Archives and Records
Administration (NARA) under 44 U.S.C. 2904 and 2906, as amended by NARA
Act of 1984, for the use of those Agencies in conducting records
management studies.
7. The Commissioner shall disclose to the Secretary of Health and
Human Services (HHS), or to any State, any record or information
requested in writing by the Secretary to be so disclosed for the
purpose of administering any program administered by the Secretary, if
records or information of such type were so disclosed under applicable
rules, regulations and procedures in effect before the date of
enactment of the Social Security Independence and Program Improvements
Act of 1994.
8. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations 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.
9. 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 the investigations of allegations of unfair practices,
matters before an arbitrator or the Federal Service Impasses Panel.
10. To the Merit Systems Protection Board or the Office of Special
Counsel in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and other such functions promulgated in 5 U.S.C. chapter 12, or as may
be authorized by law.
11. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
To enable them to protect the safety of SSA employees and
the public, the security of the SSA workplace, the operation of SSA
facilities, or
To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
12. To Federal, State, or local agencies (or agents on their
behalf) for administering cash or non-cash income maintenance or health
maintenance programs (including programs under the Act). Such
disclosures include, but are not limited to, release of information to:
Railroad Retirement Board (RRB) for administering
provisions of the Railroad Retirement and Social Security Acts relating
to railroad employment and for administering the Railroad Unemployment
Insurance Act;
The Veterans Administration (VA) for administering 38
U.S.C. 412, and upon request, information needed to determine
eligibility for or amount of VA benefits or verifying other information
with respect thereto;
The Department of Labor for administering provisions of
Title IV of the Federal Coal Mine Health and Safety Act, as amended by
the Black Lung Benefits Act;
State agencies for making determinations of Medicaid
eligibility;
State agencies for making determinations of food stamp
eligibility under the food stamp program;
To State audit agencies for auditing State supplementation
payments and Medicaid eligibility considerations; and expenditures of
Federal funds by the State in support of the Disability Determination
Services (DDS);
To State welfare departments pursuant to agreements with
SSA for administration of State supplementation payments; for
enrollment of welfare recipients for medical insurance under section
1843 of the Act; and for conducting independent quality assurance
reviews of SSI recipient records, provided that the agreement for
Federal administration of the supplementation provides for such an
independent review; and
To State vocational rehabilitation agencies or State
crippled children's service agencies (or other agencies providing
services to disabled children) for consideration of rehabilitation
services per sections 222 and 1615 of the Act.
Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
Records in this system are maintained electronically.
Retrievability:
Records are retrievable by claimant/employee name, his/her SSN,
administrative tribunal number or court civil action number.
[[Page 34519]]
Safeguards:
Security measures include the use of access codes to enter the
computer system which will maintain the data and the storage of
computerized records in secured areas that are accessible only to
employees who require the information in performing their official
duties. SSA employees who have access to the data will be informed of
the criminal penalties of the Privacy Act for unauthorized access to or
disclosure of information maintained in the system. See 5 U.S.C.
552a(i)(1).
Contractor personnel having access to data in the system of records
will be required to adhere to SSA rules concerning safeguards, access
and use of the data.
Retention and Disposal:
Data will be maintained electronically on all active Agency
litigation workloads from receipt through resolution. Information in
this new system of records will be retained in accordance with OGC's
internal policy directive that information will be retained until final
disposition of the matter.
System Manager and Address:
Executive Officer, Office of the General Counsel, Social Security
Administration, 6401 Security Blvd., Baltimore, Maryland 21235-6401.
Notification Procedure(s):
An individual can determine if this system contains a record about
him/her by writing to the systems manager at the above address and
providing his/her name, SSN or other information that may be in the
system of records that will identify him/her. An individual requesting
notification of records in person should provide the same information,
as well as provide an identity document, preferably with a photograph,
such as a driver's license. If an individual does not have any
identification documents sufficient to establish his/her identity, the
individual must certify in writing that he/she is the person claimed to
be and that he/she understands that the knowing and willful request
for, or acquisition of, a record pertaining to another individual under
false pretenses is a criminal offense.
If notification is requested by telephone, an individual must
verify his/her identity by providing identifying information that
parallels the record to which notification is being requested. If we
determine that the identifying information that the individual provides
by telephone is insufficient, we will require the individual to submit
a request in writing or in person. If an individual is requesting
information by telephone on behalf of another individual, the subject
individual must be connected with SSA and the requesting individual in
the same phone call. SSA will establish the subject individual's
identity (his/her name, SSN, address, date of birth and place of birth
along with one other piece of information such as mother's maiden name)
and ask for his/her consent in providing information to the requesting
individual.
If a request for notification is submitted by mail, an individual
must include a notarized statement to SSA to verify his/her identity or
must certify in the request that he/she is the person claimed to be and
that he/she understands that the knowing and willful request for, or
acquisition of, a record pertaining to another individual under false
pretenses is a criminal offense. These procedures are in accordance
with SSA Regulations (20 CFR 401.45).
Record Access Procedure(s):
Same as ``Notification'' procedure(s). Requesters also should
specify reasonably the record contents they are seeking. These
procedures are in accordance with SSA Regulations (20 CFR 401.40).
Contesting Record Procedure(s):
Same as ``Notification'' procedure(s). Requesters also should
reasonably identify the record, specify the information they are
contesting, and state the corrective action sought and the reasons for
the correction with supporting justification showing how the record is
untimely, incomplete, inaccurate or irrelevant. These procedures are in
accordance with SSA Regulations (20 CFR 401.65).
Record Source Categories:
Information in this system is obtained from SSA claimants and/or
their representatives; SSA employees (current, former and prospective)
and/or their representatives; Government contractors; SSA personnel and
records; documents relating to the claim, appeal, grievance or
complaint; civil courts; the Equal Employment Opportunity Commission,
the Merit Systems Protection Board and other similar organizations, and
from information on incoming legal matters relating to litigation or
possible litigation with the Agency.
Systems Exempted from Certain Provisions of the Privacy Act:
None.
[FR Doc. 05-11745 Filed 6-13-05; 8:45 am]
BILLING CODE 4191-02-P