Privacy Act of 1974, as Amended; Alterations to Existing System of Records and New Routine Use Disclosure, 59794-59798 [05-20503]

Download as PDF 59794 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices is contemplated for working capital and general corporate purposes. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Pharos Capital Partners, L.P. is an Associate of Pharos Capital Partners II, L.P. which owns more than ten percent of Alereon, Inc. Therefore, Alereon, Inc. is considered an Associate of Pharos Capital Partners II, L.P. as defined in 13 CFR 107.50 of the SBIC Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. ´ Jaime Guzmann-Fournier, Associate Administrator for Investment. [FR Doc. 05–20496 Filed 10–12–05; 8:45 am] BILLING CODE 6025–01–P SOCIAL SECURITY ADMINISTRATION Privacy Act of 1974 as Amended; Computer Matching Program (SSA/ Department of Labor (DOL))—Match Number 1003 AGENCY: Social Security Administration (SSA). Notice of the renewal of an existing computer matching program which is scheduled to expire on November 16, 2005. ACTION: SUMMARY: In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with DOL. DATES: SSA will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Government Reform and Oversight of the House of Representatives; and the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The renewal of the matching program will be effective as indicated below. Interested parties may comment on this notice by either telefax to (410) 965–8582 or writing to the Associate Commissioner for Income Security Programs, 245 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235–6401. All comments received will be available for public inspection at this address. ADDRESSES: VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 FOR FURTHER INFORMATION CONTACT: The Associate Commissioner for Income Security Programs as shown above. SUPPLEMENTARY INFORMATION: A. General The Computer Matching and Privacy Protection Act of 1988 (Public Law (Pub. L.) 100–503), amended the Privacy Act (5 U.S.C. 552a) by describing the manner in which computer matching involving the Federal government could be performed and adding certain protections for individuals applying for and receiving Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101– 508) further amended the Privacy Act regarding protections for such individuals. The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, or local government records. It requires Federal agencies involved in computer matching programs to: (1) Negotiate written agreements with the other agency, or agencies, participating in the matching programs; (2) Obtain the approval of the matching agreement by the Data Integrity Boards (DIB) of the participating Federal agencies; (3) Publish notice of the computer matching program in the Federal Register; (4) Furnish detailed reports about matching programs to Congress and OMB; (5) Notify applicants and beneficiaries that their records are subject to matching; and (6) Verify match findings before reducing, suspending, terminating or denying an individual’s benefits or payments. B. SSA Computer Matches Subject to the Privacy Act We have taken action to ensure that all of SSA’s computer matching programs comply with the requirements of the Privacy Act, as amended. Dated: September 27, 2005. Martin H. Gerry, Deputy Commissioner for Disability and Income Security Programs. Notice of Computer Matching Program, Social Security Administration (SSA) with the Department of Labor (DOL) A. Participating Agencies PO 00000 SSA and DOL. Frm 00081 Fmt 4703 Sfmt 4703 B. Purpose of the Matching Program The purpose of this matching program is to establish the conditions, terms, and safeguards for DOL’s disclosure of Part C Black Lung (BL) benefit data to SSA. SSA will use the match results to verify that recipients of Part C BL benefits are receiving the correct amount of Social Security disability benefits, as required by the Social Security Act (the Act). C. Authority for Conducting the Matching Program The legal authority for SSA to conduct this matching activity is contained in section 224(h)(1) of the Act (42 U.S.C. 424a(h)(1)). D. Categories of Records and Individuals Covered by the Matching Program DOL will provide SSA with a file extracted from the Office of Workers’ Compensation Programs’ BL Benefit Payments File. The extracted file will contain information about all live miners, under age 65, entitled to Part C BL benefits. Each record on the DOL file will be matched with SSA’s Master Beneficiary Record (SSA/OEEAS 60– 0090) to identify individuals potentially subject to benefit reductions due to their receipt of Part C BL benefits, under section 224 of the Act (42 U.S.C. 424a). E. Inclusive Dates of the Matching Program The matching program will become effective upon signing of the agreement by both parties to the agreement and approval of the agreement by the Data Integrity Boards of the respective agencies, but no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met. [FR Doc. 05–20502 Filed 10–12–05; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION Privacy Act of 1974, as Amended; Alterations to Existing System of Records and New Routine Use Disclosure AGENCY: Social Security Administration (SSA). Altered System of Records and Proposed New Routine Use. ACTION: E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to alter an existing system of records entitled the Visitor Intake Process/Customer Service Record (VIP/ CSR) System, 60–0350. The proposed alterations will result in the following changes to the VIP/CSR system of records: (1) Expansion of the categories of individuals covered by the VIP/CSR system of records to include individuals who visit any SSA office or who may contact any SSA office by telephone and/or by e-mail and who attempt or commit a violent act or make threats of violence towards an SSA employee, any individual visiting an SSA office conducting business, or any SSA office; and recording identifying information about the individual within the Visitor Intake Process/Customer Service Record (VIP/CSR) system. (2) Expansion of the categories of records maintained in the VIP/CSR system of records to include identifying information about the new category of individuals that will be maintained in the VIP/CSR system of records, and a ‘‘High Risk’’ alert indicator based on type of threat or act of violence perpetrated by the individual. (3) Expansion of the purposes for which SSA uses information maintained in the VIP/CSR system of records to include use of the system to alert employees in a Social Security office when an individual attempted or committed a violent act or made threats of violence towards an SSA employee, any individual visiting an SSA office conducting business, or any SSA office ; and (4) A proposed new routine use disclosure applicable to information in the VIP/CSR system of records providing for the release of information to law enforcement agencies and private security contractors to protect the safety of SSA employees and customers, the security of the SSA workplace and the operation of SSA facilities, or to assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupts the operation of SSA facilities. All of the proposed alterations are discussed in the Supplementary Information section below. We invite public comment on this proposal. DATES: We filed a report of the proposed new 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 VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 59795 Regulatory Affairs, Office of Management and Budget (OMB) on October 3, 2005. The proposed altered system of records, including the proposed new routine use respective to the system, will become effective on November 12, 2005, unless we receive comments warranting them not to become 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, 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 Earlene Whitworth Hill, Social Insurance Specialist, Office of Public Disclosure, Office of the General Counsel, Social Security Administration, in Room 3–A–6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401, telephone at (410) 965–1817, e-mail: earlene.whitworth.hill@ssa.gov. SUPPLEMENTARY INFORMATION: Security offices and contacting law enforcement officials, as necessary. However, we have never had a reliable means of ensuring that our employees in one office would have knowledge of an incident involving an individual in another office. We are developing a ‘‘High Risk’’ alert to assist in protecting the safety of our employees, individuals conducting business with SSA and other individuals accompanying such individuals, and SSA facilities. We are proposing to implement the ‘‘High Risk’’ alert by making alterations to the VIP/ CSR system of records to allow the electronic maintenance of the ‘‘High Risk’’ alert indicator as a part of the VIP/ CSR system of records. This will enable SSA employees at any SSA office to be aware of the potential security risks and to use extra caution when dealing with an individual who is identified in the VIP/CSR system of records as having made a threat or committed an act of violence against an SSA employee, a member of the public conducting business at an SSA facility, or an SSA facility. The specific changes to the VIP/ CSR system of records are discussed below. I. Background and Purpose of the Proposed Alterations to the VIP/CSR System of Records 1. Expansion of the Categories of Individuals Covered by the VIP/CSR System of Records A. General Background SSA originally published a notice of the VIP/CSR system of records in the Federal Register at 67 FR 63489, October 11, 2002. SSA uses information in the VIP/CSR system of records for management information and administrative purposes, such as tracking scheduled appointments and monitoring visitor information, and for programmatic purposes associated with individuals’ claims for benefits under programs administered by SSA. We are making several alterations to the VIP/ CSR system of records as discussed below. We are adding a new category of individuals to the VIP/CSR system of records to include information about individuals who contact any SSA office in person, by telephone, or by mail and make a threat, or commit an act of violence, against an SSA employee, individuals conducting business with SSA or other individuals accompanying such individuals, or any SSA office. B. Discussion of Proposed Alterations to the VIP/CSR System of Records SSA provides a variety of services to the general public in connection with various programs under the Social Security Act. This involves personal interaction between SSA employees and the public on many occasions. At times, individuals with whom SSA employees must interact make threats or commit acts of violence against SSA employees. On these occasions, appropriate measures are employed to ensure the safety of our employees and the public. These measures include using security guards to maintain order in Social PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 2. Expansion of the Categories of Records Maintained in the VIP/CSR System of Records We are expanding the categories of records covered by the VIP/CSR system of records to include the following ‘‘High Risk’’ alert information about an individual who makes a threat or commits an act of violence against an SSA employee, individuals conducting business with SSA or other individuals accompanying such individuals, or any SSA office: • Identifying information such as the individual’s name and/or Social Security number, and date of birth; • Information pertaining to the specific nature of the threat or act of violence; and • Information pertaining to the date and time, and the location of the threat or act of violence. E:\FR\FM\13OCN1.SGM 13OCN1 59796 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices 3. Expansion of the Purpose(s) of the VIP/CSR System of Records We are expanding the purposes for which we use the information maintained in the VIP/CSR system to include a ‘‘High Risk’’ alert. The alert information will assist SSA employees in identifying individuals who have threatened an act of violence or who have committed an act of violence against an SSA employee, a visitor to any SSA office, or any SSA office. II. Proposed New Routine Use Disclosure of Data Maintained in the VIP/CSR System of Records A. Establishment of New Routine Use We are proposing to establish a new routine use which allows disclosure of information maintained in the Visitor Intake Process/Customer Service Record system to law enforcement agencies and private security contractors. Federal, State, and local law enforcement agencies, and private security contractors, have responsibility for preventing, handling, monitoring and investigating incidents that affect the safety and security of SSA employees, customers, and workplaces, or otherwise disrupt SSA operations. Prosecution of persons involved in these activities for violation of Federal or local laws may also be appropriate. SSA managers of most SSA leased facilities have to rely primarily on local law enforcement authorities and private security contractors to meet the protective security needs of customers, employees and workplaces. The new routine use in the VIP/CSR system of records, numbered 7, provides for disclosure of information: To Federal, State, and local law enforcement agencies and private security contractors, as appropriate, information necessary: (a) To enable them to protect the safety of SSA employees and customers, the security of the SSA workplace and the operation of SSA facilities, or (b) To assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupts the operation of SSA facilities. B. Compatibility of Proposed New Routine Use Disclosure The Privacy Act (5 U.S.C. 552a(a)(7) and (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. Section 401.150(c) of the regulation permits us to disclose information VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 under a routine use, where necessary, to carry out SSA programs or assist other agencies in administering similar programs. In order for SSA to carry out its programs, it must ensure that its places of business are safe and secure for both customers and employees, that premises and property are safe from theft and damages, that employees can perform their duties without fear of intimidation or injury, and that SSA can prevent and appropriately deal with disruptions in the operation of its facilities. In so far as disclosure to law enforcement agencies and private security contractors will help to accomplish these objectives, the disclosures are an integral part of our program administration responsibilities. Thus, the proposed new routine use disclosure is appropriate and meets the relevant statutory and regulatory criteria. III. Effect of the Proposed Alterations to the VIP/CSR System of Records The proposed alterations and new routine use disclosure to the Visitor Intake Process/Customer Service Record (VIP/CSR) System pertain to SSA’s responsibilities in collecting, maintaining, and disclosing information about individuals who have threatened an act of violence and/or who have committed an act of violence against an SSA employee, a visitor to any SSA office, and to any SSA office. We will adhere to all applicable statutory requirements, including those under the Social Security Act and the Privacy Act, in carrying out our responsibilities. Therefore, we do not anticipate that the proposed alterations and new routine use disclosure will have an unwarranted adverse effect on the right of individuals. Dated: October 3, 2005. Jo Anne B. Barnhart, Commissioner. SYSTEM NAME: Visitor Intake Process/Customer Service Record (VIP/CSR) System. None. SYSTEM LOCATION: Social Security Administration, Office of Systems, 6401 Security Boulevard, Baltimore, Maryland 21235. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system covers visitors to the Social Security Administration (SSA) field offices (FOs) for various purposes (see ‘‘Purpose(s)’’ section below) and Fmt 4703 Sfmt 4703 This system contains the following information about each visitor: (1) Visitor information such as Social Security number (SSN), full name and date of birth, when such information is provided by the visitor; (2) visit information such as the time visitor entered and left the office, an assigned group number, number of interviews associated with the visit and remarks associated with the visit; (3) appointment information such as date/ time of appointment, source of appointment and appointment unit number (unit establishing appointment); (4) notice information such as close-out notice type (e.g., title II 6-month closeout letter, title XVI SSA–L991) and close-out notice date/time when sent; (5) interview information such as each occurrence, subject of interview, estimated waiting time, preferred language, type of translator, number of interview in queue, interview disposition (e.g., completed, deleted, left without service), interview priority, start and ending time and name of interviewer; (6) SSN, full name and relationship to claimant/beneficiary, when such information is provided; (7) ‘‘High Risk’’ alert information; i.e., personal information about the visitor such as name, SSN, date of birth, specific nature of the threat or act of violence, the date and time, and the location of the threat or act of violence; and (8) source of the report from the SSA–3114–U4. Sections 222, 223, 225, 1611, 1615, 1631 and 1633 of the Social Security Act (42 U.S.C. 422, 423, 425, 1382, 1382d, 1383 and 1383b); the Federal Records Act of 1950 (Pub. L. 81–754, 64 Stat. 583), as amended. PURPOSE(S): SECURITY CLASSIFICATION: Frm 00083 CATEGORIES OF RECORDS IN THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM NUMBER: 60–0350. PO 00000 individuals who have threatened an act of violence or have committed an act of violence against an SSA employee, a visitor to any SSA office conducting business or another individual accompanying such visitor, or to any SSA office. Information in this system will be used to: • Provide a means of collecting waiting time data on all in-office interviews in SSA FOs; • Provide management information on other aspects of all in-office interviews in SSA FOs; • Provide a source for customer service record data collection for such interviews, and • Capture discrete data about the volume and nature of inquiries to E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices support management decisions in the areas of process improvement and resource allocation. • Provide a means of collecting information about individuals who have threatened an act of violence and/or have committed an act of violence against an SSA employee, or a visitor to any SSA office conducting business, and/or to any SSA office. • Generate a timely ‘‘High Risk’’ alert to the intake employees of the possibility of an individual who possibly pose a security risk. • Provide a standard approach to insuring the safety of SSA employees, visitors to any SSA office conducting business, and/or to any SSA office. The information collected from visitors to SSA FOs will be used for filing claims for benefits under title II, transacting post-entitlement actions if currently entitled to benefits under title II, filing claims for benefits under title XVI, transacting post-eligibility actions if currently eligible for benefits under title XVI, obtaining an SSN, transacting other actions related to a SSN, or other actions/queries that may require an interview at SSA. The information collected from the ‘‘High Risk’’ alert will be used to advise the intake employee at any SSA office of the potential security risk and to use extra caution when dealing with the individual that is before them and/or who has scheduled an appointment. The ‘‘High Risk’’ alert will include personal information about the visitor such as name, SSN, date of birth, specific nature of the threat or act of violence, the date and time, and the location of the threat or act of violence. 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. 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 other 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 VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 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 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. 4. To contractors and other Federal agencies, as necessary, to assist SSA in the efficient administration of its programs. 5. To student volunteers, individuals working under a personal services contract, and other individuals performing functions for SSA but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions. 6. Non-tax return information which is not restricted from disclosure by Federal law may be disclosed to the General Services Administration (GSA) and the National Archives and Records Administration (NARA) under 44 U.S.C. 2904 and § 2906, as amended by NARA Act of 1984, for the use of those agencies in conducting records management studies. 7. To Federal, State, and local law enforcement agencies and private security contractors as appropriate, information necessary: (a) To enable them to protect the safety of SSA employees and customers, the security of the SSA workplace and the operation of SSA facilities, or (b) To assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupt the operation of SSA facilities. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in this system are maintained in both electronic and paper form (e.g., magnetic tape and disc and microfilm). RETRIEVABILITY: Records in this system will be retrieved by the individual’s SSN and/ or name. SAFEGUARDS: Security measures include the use of access codes to enter the computer system which will maintain the data, and storage of the computerized records in secured areas which are accessible only to employees who require the information in performing their official duties. SSA employees who have access PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 59797 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 and/or alternate participants 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: Records in the Visitor Intake Process/ Customer Service Record (VIP/CSR) System ‘‘High Risk’’ file will be retained for three years. The means of disposal of the information in the Visitor Intake Process/Customer Service Record (VIP/ CSR) System ‘‘High Risk’’ file will be appropriate to the storage medium (e.g., deletion of individual electronic records or shredding of paper records). In addition, management officials will have the ability to delete records from the ‘‘High Risk’’ file electronic database. Records in the Visitor Intake Process/ Customer Service Record (VIP/CSR) System are retained for one year when they pertain to documents provided by and returned to an individual, denial of requests for confidential information, release of confidential information to an authorized third party, and undeliverable material. Records are maintained for four years when they contain information and evidence pertaining to Social Security coverage, wage, and self-employment determinations, or when they affect future claims development. Additional information collected, such as waiting time information, may be retained for longer periods for purposes of analysis and process improvement, without regard to individual records. The means of disposal of the information in this system will be appropriate to the storage medium (e.g., deletion of individual electronic records or shredding of paper records). SYSTEM MANAGER(S) AND ADDRESS(ES): Deputy Commissioner, Office of Systems, Social Security Administration, 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 provide an identity document, preferably with a E:\FR\FM\13OCN1.SGM 13OCN1 59798 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices photograph, such as a driver’s license. If an individual does not have 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 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 it is determined the identifying information provided by telephone is insufficient, the individual will be required to submit a request in writing or in person. If an individual is requesting information by telephone on behalf of another individual, the subject individual must be connected with SSA and the requesting individual in the same phone call. SSA will establish the subject individual’s identity (his/her name, SSN, address, date of birth and place of birth, along with one other piece of information such as mother’s maiden name), and ask for his/her consent in providing information to the requesting individual. 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 401.40). RECORD ACCESS PROCEDURE(S): Same as ‘‘Notification’’ procedure(s). Requesters also should reasonably specify the record contents they are seeking. These procedures are in accordance with SSA Regulations (20 CFR 401.50). CONTESTING RECORD PROCEDURE(S): Same as ‘‘Notification’’ procedures. Requesters also should reasonably identify the record, specify the information they are contesting, and state the corrective action sought, and the reasons for the correction, with supporting justification showing how the record is untimely, incomplete, inaccurate or irrelevant. These procedures are in accordance with SSA Regulations (20 CFR 401.65). RECORD SOURCE CATEGORIES: Information in this system of records is obtained from information collected VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 from individuals interviewed in person in SSA FOs, from existing systems of records, such as the Claims Folders System, (60–0089), Master Beneficiary Record, (60–0090), Supplemental Security Income Record and Special Veterans Benefits, (60–0103), and from information generated by SSA, such as computer date/time stamps at various points in the interview process. Dated: October 6, 2005. Anne Jillson, Foreign Affairs Officer, International Communications and Information Policy, Department of State. [FR Doc. 05–20550 Filed 10–12–05; 8:45 am] SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: Federal Aviation Administration None. [FR Doc. 05–20503 Filed 10–12–05; 8:45 am] BILLING CODE 4191–02–P BILLING CODE 4710–07–P DEPARTMENT OF TRANSPORTATION [Docket No. FAA–2004–16944] Operating Limitations at Chicago O’Hare International Airport ACTION: DEPARTMENT OF STATE [Public Notice 5204] Notice of Meeting; United States International Telecommunication Advisory Committee Information Meeting on the World Summit on the Information Society The Department of State announces a meeting of the U.S. International Telecommunication Advisory Committee (ITAC). The purpose of the Committee is to advise the Department on matters related to telecommunication and information policy matters in preparation for international meetings pertaining to telecommunication and information issues. The ITAC will meet to discuss the matters related to the second phase of the World Summit on the Information Society (WSIS), in preparation for the WSIS Summit in mid-November. The meeting will take place on Tuesday, October 25, 2005 from 2 p.m. to 4 p.m. in the auditorium of the Historic National Academy of Science Building. The National Academy of Sciences is located at 2100 C St. NW., Washington, DC. Members of the public are welcome to participate and may join in the discussions, subject to the discretion of the Chair. Persons planning to attend this meeting should send the following data by fax to (202) 647–5957 or e-mail to jillsonad@state.gov not later than 24 hours before the meeting: (1) Name of the meeting, (2) your name, and (3) organizational affiliation. A valid photo ID must be presented to gain entrance to the National Academy of Sciences Building. Directions to the meeting location may be obtained by calling the ITAC Secretariat at (202) 647–5205. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Notice of order. SUMMARY: On July 18, 2005, the Federal Aviation Administration (FAA) issued an order to show cause, which solicited written views on extending for a second time the FAA’s August 18, 2004, order limiting scheduled operations at O’Hare International Airport (O’Hare). The August 2004 order made effective a series of schedule adjustments that the air carriers individually agreed to during a scheduling reduction meeting. These agreements, in general, resulted in a voluntary peak-hour arrival rate at O’Hare of eighty-eight scheduled flights, with the exception of the 8 p.m. hour— the final peak hour of the day—when the rate would not exceed ninety-eight scheduled arrivals. The FAA previously extended the effectiveness of the August 2004 order through October 29, 2005. This notice announces that the FAA Administrator has signed an order that further extends the August 2004 order through April 1, 2006. The text of the extension order is published below as supplementary information to this notice. FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations, Air Traffic Organization: telephone (202) 267–9424; facsimile (202) 267–7277; e-mail gerry.shakley@faa.gov. SUPPLEMENTARY INFORMATION: Second Order Extending the August 2004 Limitation of Scheduled Operations at O’Hare International Airport On July 18, 2005, the Federal Aviation Administration (FAA) issued an order to show cause, soliciting written views on extending through April 1, 2006, the August 2004 order limiting scheduled operations at O’Hare International Airport (O’Hare).1 The August 2004 order made effective a series of schedule adjustments that air carriers 1 70 E:\FR\FM\13OCN1.SGM FR 42135 (July 21, 2005). 13OCN1

Agencies

[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59794-59798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20503]


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SOCIAL SECURITY ADMINISTRATION


Privacy Act of 1974, as Amended; Alterations to Existing System 
of Records and New Routine Use Disclosure

AGENCY: Social Security Administration (SSA).

ACTION: Altered System of Records and Proposed New Routine Use.

-----------------------------------------------------------------------

[[Page 59795]]

SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and 
(e)(11)), we are issuing public notice of our intent to alter an 
existing system of records entitled the Visitor Intake Process/Customer 
Service Record (VIP/CSR) System, 60-0350. The proposed alterations will 
result in the following changes to the VIP/CSR system of records:
    (1) Expansion of the categories of individuals covered by the VIP/
CSR system of records to include individuals who visit any SSA office 
or who may contact any SSA office by telephone and/or by e-mail and who 
attempt or commit a violent act or make threats of violence towards an 
SSA employee, any individual visiting an SSA office conducting 
business, or any SSA office; and recording identifying information 
about the individual within the Visitor Intake Process/Customer Service 
Record (VIP/CSR) system.
    (2) Expansion of the categories of records maintained in the VIP/
CSR system of records to include identifying information about the new 
category of individuals that will be maintained in the VIP/CSR system 
of records, and a ``High Risk'' alert indicator based on type of threat 
or act of violence perpetrated by the individual.
    (3) Expansion of the purposes for which SSA uses information 
maintained in the VIP/CSR system of records to include use of the 
system to alert employees in a Social Security office when an 
individual attempted or committed a violent act or made threats of 
violence towards an SSA employee, any individual visiting an SSA office 
conducting business, or any SSA office ; and
    (4) A proposed new routine use disclosure applicable to information 
in the VIP/CSR system of records providing for the release of 
information to law enforcement agencies and private security 
contractors to protect the safety of SSA employees and customers, the 
security of the SSA workplace and the operation of SSA facilities, or 
to assist investigations or prosecutions with respect to activities 
that affect such safety and security or activities that disrupts the 
operation of SSA facilities.
    All of the proposed alterations are discussed in the Supplementary 
Information section below. We invite public comment on this proposal.

DATES: We filed a report of the proposed new 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 October 3, 2005. The proposed 
altered system of records, including the proposed new routine use 
respective to the system, will become effective on November 12, 2005, 
unless we receive comments warranting them not to become 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, 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 Earlene Whitworth Hill, Social 
Insurance Specialist, Office of Public Disclosure, Office of the 
General Counsel, Social Security Administration, in Room 3-A-6 
Operations Building, 6401 Security Boulevard, Baltimore, Maryland 
21235-6401, telephone at (410) 965-1817, e-mail: 
earlene.whitworth.hill@ssa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Proposed Alterations to the VIP/CSR 
System of Records

A. General Background

    SSA originally published a notice of the VIP/CSR system of records 
in the Federal Register at 67 FR 63489, October 11, 2002. SSA uses 
information in the VIP/CSR system of records for management information 
and administrative purposes, such as tracking scheduled appointments 
and monitoring visitor information, and for programmatic purposes 
associated with individuals' claims for benefits under programs 
administered by SSA. We are making several alterations to the VIP/CSR 
system of records as discussed below.

B. Discussion of Proposed Alterations to the VIP/CSR System of Records

    SSA provides a variety of services to the general public in 
connection with various programs under the Social Security Act. This 
involves personal interaction between SSA employees and the public on 
many occasions. At times, individuals with whom SSA employees must 
interact make threats or commit acts of violence against SSA employees. 
On these occasions, appropriate measures are employed to ensure the 
safety of our employees and the public. These measures include using 
security guards to maintain order in Social Security offices and 
contacting law enforcement officials, as necessary.
    However, we have never had a reliable means of ensuring that our 
employees in one office would have knowledge of an incident involving 
an individual in another office. We are developing a ``High Risk'' 
alert to assist in protecting the safety of our employees, individuals 
conducting business with SSA and other individuals accompanying such 
individuals, and SSA facilities. We are proposing to implement the 
``High Risk'' alert by making alterations to the VIP/CSR system of 
records to allow the electronic maintenance of the ``High Risk'' alert 
indicator as a part of the VIP/CSR system of records. This will enable 
SSA employees at any SSA office to be aware of the potential security 
risks and to use extra caution when dealing with an individual who is 
identified in the VIP/CSR system of records as having made a threat or 
committed an act of violence against an SSA employee, a member of the 
public conducting business at an SSA facility, or an SSA facility. The 
specific changes to the VIP/CSR system of records are discussed below.
1. Expansion of the Categories of Individuals Covered by the VIP/CSR 
System of Records
    We are adding a new category of individuals to the VIP/CSR system 
of records to include information about individuals who contact any SSA 
office in person, by telephone, or by mail and make a threat, or commit 
an act of violence, against an SSA employee, individuals conducting 
business with SSA or other individuals accompanying such individuals, 
or any SSA office.
2. Expansion of the Categories of Records Maintained in the VIP/CSR 
System of Records
    We are expanding the categories of records covered by the VIP/CSR 
system of records to include the following ``High Risk'' alert 
information about an individual who makes a threat or commits an act of 
violence against an SSA employee, individuals conducting business with 
SSA or other individuals accompanying such individuals, or any SSA 
office:
     Identifying information such as the individual's name and/
or Social Security number, and date of birth;
     Information pertaining to the specific nature of the 
threat or act of violence; and
     Information pertaining to the date and time, and the 
location of the threat or act of violence.

[[Page 59796]]

3. Expansion of the Purpose(s) of the VIP/CSR System of Records
    We are expanding the purposes for which we use the information 
maintained in the VIP/CSR system to include a ``High Risk'' alert. The 
alert information will assist SSA employees in identifying individuals 
who have threatened an act of violence or who have committed an act of 
violence against an SSA employee, a visitor to any SSA office, or any 
SSA office.

II. Proposed New Routine Use Disclosure of Data Maintained in the VIP/
CSR System of Records

A. Establishment of New Routine Use

    We are proposing to establish a new routine use which allows 
disclosure of information maintained in the Visitor Intake Process/
Customer Service Record system to law enforcement agencies and private 
security contractors.
    Federal, State, and local law enforcement agencies, and private 
security contractors, have responsibility for preventing, handling, 
monitoring and investigating incidents that affect the safety and 
security of SSA employees, customers, and workplaces, or otherwise 
disrupt SSA operations. Prosecution of persons involved in these 
activities for violation of Federal or local laws may also be 
appropriate. SSA managers of most SSA leased facilities have to rely 
primarily on local law enforcement authorities and private security 
contractors to meet the protective security needs of customers, 
employees and workplaces.
    The new routine use in the VIP/CSR system of records, numbered 7, 
provides for disclosure of information:
    To Federal, State, and local law enforcement agencies and private 
security contractors, as appropriate, information necessary:
    (a) To enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace and the operation of SSA 
facilities, or
    (b) To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupts the operation of SSA facilities.

B. Compatibility of Proposed New Routine Use Disclosure

    The Privacy Act (5 U.S.C. 552a(a)(7) and (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. 
Section 401.150(c) of the regulation permits us to disclose information 
under a routine use, where necessary, to carry out SSA programs or 
assist other agencies in administering similar programs. In order for 
SSA to carry out its programs, it must ensure that its places of 
business are safe and secure for both customers and employees, that 
premises and property are safe from theft and damages, that employees 
can perform their duties without fear of intimidation or injury, and 
that SSA can prevent and appropriately deal with disruptions in the 
operation of its facilities. In so far as disclosure to law enforcement 
agencies and private security contractors will help to accomplish these 
objectives, the disclosures are an integral part of our program 
administration responsibilities. Thus, the proposed new routine use 
disclosure is appropriate and meets the relevant statutory and 
regulatory criteria.

III. Effect of the Proposed Alterations to the VIP/CSR System of 
Records

    The proposed alterations and new routine use disclosure to the 
Visitor Intake Process/Customer Service Record (VIP/CSR) System pertain 
to SSA's responsibilities in collecting, maintaining, and disclosing 
information about individuals who have threatened an act of violence 
and/or who have committed an act of violence against an SSA employee, a 
visitor to any SSA office, and to any SSA office. We will adhere to all 
applicable statutory requirements, including those under the Social 
Security Act and the Privacy Act, in carrying out our responsibilities. 
Therefore, we do not anticipate that the proposed alterations and new 
routine use disclosure will have an unwarranted adverse effect on the 
right of individuals.

    Dated: October 3, 2005.
Jo Anne B. Barnhart,
Commissioner.
SYSTEM NUMBER: 60-0350.

System name:
    Visitor Intake Process/Customer Service Record (VIP/CSR) System.

Security classification:
    None.

System location:
    Social Security Administration, Office of Systems, 6401 Security 
Boulevard, Baltimore, Maryland 21235.

Categories of individuals covered by the system:
    This system covers visitors to the Social Security Administration 
(SSA) field offices (FOs) for various purposes (see ``Purpose(s)'' 
section below) and individuals who have threatened an act of violence 
or have committed an act of violence against an SSA employee, a visitor 
to any SSA office conducting business or another individual 
accompanying such visitor, or to any SSA office.

Categories of records in the system:
    This system contains the following information about each visitor: 
(1) Visitor information such as Social Security number (SSN), full name 
and date of birth, when such information is provided by the visitor; 
(2) visit information such as the time visitor entered and left the 
office, an assigned group number, number of interviews associated with 
the visit and remarks associated with the visit; (3) appointment 
information such as date/time of appointment, source of appointment and 
appointment unit number (unit establishing appointment); (4) notice 
information such as close-out notice type (e.g., title II 6-month 
closeout letter, title XVI SSA-L991) and close-out notice date/time 
when sent; (5) interview information such as each occurrence, subject 
of interview, estimated waiting time, preferred language, type of 
translator, number of interview in queue, interview disposition (e.g., 
completed, deleted, left without service), interview priority, start 
and ending time and name of interviewer; (6) SSN, full name and 
relationship to claimant/beneficiary, when such information is 
provided; (7) ``High Risk'' alert information; i.e., personal 
information about the visitor such as name, SSN, date of birth, 
specific nature of the threat or act of violence, the date and time, 
and the location of the threat or act of violence; and (8) source of 
the report from the SSA-3114-U4.

Authority for maintenance of the system:
    Sections 222, 223, 225, 1611, 1615, 1631 and 1633 of the Social 
Security Act (42 U.S.C. 422, 423, 425, 1382, 1382d, 1383 and 1383b); 
the Federal Records Act of 1950 (Pub. L. 81-754, 64 Stat. 583), as 
amended.

Purpose(s):
    Information in this system will be used to:
     Provide a means of collecting waiting time data on all in-
office interviews in SSA FOs;
     Provide management information on other aspects of all in-
office interviews in SSA FOs;
     Provide a source for customer service record data 
collection for such interviews, and
     Capture discrete data about the volume and nature of 
inquiries to

[[Page 59797]]

support management decisions in the areas of process improvement and 
resource allocation.
     Provide a means of collecting information about 
individuals who have threatened an act of violence and/or have 
committed an act of violence against an SSA employee, or a visitor to 
any SSA office conducting business, and/or to any SSA office.
     Generate a timely ``High Risk'' alert to the intake 
employees of the possibility of an individual who possibly pose a 
security risk.
     Provide a standard approach to insuring the safety of SSA 
employees, visitors to any SSA office conducting business, and/or to 
any SSA office.
    The information collected from visitors to SSA FOs will be used for 
filing claims for benefits under title II, transacting post-entitlement 
actions if currently entitled to benefits under title II, filing claims 
for benefits under title XVI, transacting post-eligibility actions if 
currently eligible for benefits under title XVI, obtaining an SSN, 
transacting other actions related to a SSN, or other actions/queries 
that may require an interview at SSA.
    The information collected from the ``High Risk'' alert will be used 
to advise the intake employee at any SSA office of the potential 
security risk and to use extra caution when dealing with the individual 
that is before them and/or who has scheduled an appointment. The ``High 
Risk'' alert will include personal information about the visitor such 
as name, SSN, date of birth, specific nature of the threat or act of 
violence, the date and time, and the location of the threat or act of 
violence.

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.
    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 other party before such tribunal when:
    (a) SSA, or any component thereof, or
    (b) Any SSA employee in his/her official capacity; or
    (c) Any SSA employee in his/her individual capacity where DOJ (or 
SSA Where it is authorized to do so) has agreed to represent the 
employee; or
    (d) The United States or any agency thereof where SSA determines 
that the litigation is likely to affect the operations of SSA or any of 
its components is party to litigation or has an interest in such 
litigation, and SSA determines that the use of such records by DOJ, a 
court, or other tribunal 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.
    4. To contractors and other Federal agencies, as necessary, to 
assist SSA in the efficient administration of its programs.
    5. To student volunteers, individuals working under a personal 
services contract, and other individuals performing functions for SSA 
but technically not having the status of agency employees, if they need 
access to the records in order to perform their assigned agency 
functions.
    6. Non-tax return information which is not restricted from 
disclosure by Federal law may be disclosed to the General Services 
Administration (GSA) and the National Archives and Records 
Administration (NARA) under 44 U.S.C. 2904 and Sec.  2906, as amended 
by NARA Act of 1984, for the use of those agencies in conducting 
records management studies.
    7. To Federal, State, and local law enforcement agencies and 
private security contractors as appropriate, information necessary:
    (a) To enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace and the operation of SSA 
facilities, or
    (b) To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupt the operation of SSA facilities.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
Storage:
    Records in this system are maintained in both electronic and paper 
form (e.g., magnetic tape and disc and microfilm).

Retrievability:
    Records in this system will be retrieved by the individual's SSN 
and/or name.

Safeguards:
    Security measures include the use of access codes to enter the 
computer system which will maintain the data, and storage of the 
computerized records in secured areas which 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 and/or alternate participants 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:
    Records in the Visitor Intake Process/Customer Service Record (VIP/
CSR) System ``High Risk'' file will be retained for three years. The 
means of disposal of the information in the Visitor Intake Process/
Customer Service Record (VIP/CSR) System ``High Risk'' file will be 
appropriate to the storage medium (e.g., deletion of individual 
electronic records or shredding of paper records). In addition, 
management officials will have the ability to delete records from the 
``High Risk'' file electronic database.
    Records in the Visitor Intake Process/Customer Service Record (VIP/
CSR) System are retained for one year when they pertain to documents 
provided by and returned to an individual, denial of requests for 
confidential information, release of confidential information to an 
authorized third party, and undeliverable material. Records are 
maintained for four years when they contain information and evidence 
pertaining to Social Security coverage, wage, and self-employment 
determinations, or when they affect future claims development. 
Additional information collected, such as waiting time information, may 
be retained for longer periods for purposes of analysis and process 
improvement, without regard to individual records.
    The means of disposal of the information in this system will be 
appropriate to the storage medium (e.g., deletion of individual 
electronic records or shredding of paper records).

system manager(s) and address(es):
    Deputy Commissioner, Office of Systems, Social Security 
Administration, 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 provide an identity document, preferably with a

[[Page 59798]]

photograph, such as a driver's license. If an individual does not have 
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 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 it is 
determined the identifying information provided by telephone is 
insufficient, the individual will be required to submit a request in 
writing or in person. If an individual is requesting information by 
telephone on behalf of another individual, the subject individual must 
be connected with SSA and the requesting individual in the same phone 
call. SSA will establish the subject individual's identity (his/her 
name, SSN, address, date of birth and place of birth, along with one 
other piece of information such as mother's maiden name), and ask for 
his/her consent in providing information to the requesting individual.
    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 401.40).

record access procedure(s):
    Same as ``Notification'' procedure(s). Requesters also should 
reasonably specify the record contents they are seeking. These 
procedures are in accordance with SSA Regulations (20 CFR 401.50).

Contesting record procedure(s):
    Same as ``Notification'' procedures. Requesters also should 
reasonably identify the record, specify the information they are 
contesting, and state the corrective action sought, and the reasons for 
the correction, with supporting justification showing how the record is 
untimely, incomplete, inaccurate or irrelevant. These procedures are in 
accordance with SSA Regulations (20 CFR 401.65).

Record source categories:
    Information in this system of records is obtained from information 
collected from individuals interviewed in person in SSA FOs, from 
existing systems of records, such as the Claims Folders System, (60-
0089), Master Beneficiary Record, (60-0090), Supplemental Security 
Income Record and Special Veterans Benefits, (60-0103), and from 
information generated by SSA, such as computer date/time stamps at 
various points in the interview process.

Systems exempted from certain provisions of the Privacy Act:
    None.
[FR Doc. 05-20503 Filed 10-12-05; 8:45 am]
BILLING CODE 4191-02-P