Privacy Act of 1974; as Amended; New System of Records and New Routine Use Disclosures, 62157-62161 [05-21491]
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Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices
comments and recommendations
regarding the information collection
should be submitted to the OMB Desk
Officer and the SSA Reports Clearance
Officer. The information can be mailed
and/or faxed to the individuals at the
addresses and fax numbers listed below:
(OMB) Office of Management and
Budget, Attn: Desk Officer for SSA, Fax:
202–395–6974.
(SSA) Social Security Administration,
DCFAM, Attn: Reports Clearance Officer
1333 Annex Building, 6401 Security
Blvd., Baltimore, MD 21235, Fax: 410–
965–6400, OPLM.RCO@ssa.gov.
The information collection listed
below has been submitted to OMB for
expedited Emergency Clearance. SSA is
requesting Emergency Consideration
from OMB by 11/14/2005. Your
comments on the information collection
are requested by that date. You can
obtain a copy of the OMB clearance
package by calling the SSA Reports
Clearance Officer at 410–965–0454, or
by writing to the address listed above.
Application for a Social Security
Card—20 CFR 422.103–.110—0960–
0066. Forms SS–5 (used in the United
States) and SS–5–FS (used outside the
United States) are used to apply for
original and replacement Social
Security cards. Changes are being made
to these forms to reflect new statutory
limits on the number of allowable
replacement cards. The respondents are
requestors of new or replacement Social
Security cards.
Type of Collection: Emergency
information collection (revision).
Number of Respondents: 13,600,000.
Frequency of Response: 1.
Average Burden Per Response: 9
minutes.
Estimated Annual Burden: 2,040,000
hours.
Dated: October 20, 2005.
Elizabeth A. Davidson,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. 05–21492 Filed 10–27–05; 8:45 am]
records entitled Reasonable
Accommodation for Persons With
Disabilities (RAPD) System, 60–0315,
and routine uses applicable to this
system of records. Hereinafter, we will
refer to the proposed system of records
as the RAPD System. The proposed
system of records will consist of
information used to provide reasonable
accommodations to qualified employees
on the basis of disability, the disposition
of the requests and the reasonable
accommodations provided. 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
October 19, 2005. The proposed system
of records and routine uses will become
effective on November 28, 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, 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: Edie
McCracken, Social Insurance Specialist,
Office of Public Disclosure, Office of the
General Counsel, Social Security
Administration, Suite 1500 Dunleavy
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235, e-mail
address at edie.mccracken@ssa.gov, or
by telephone at (410) 965–6117.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4191–02–P
I. Background and Purpose of the
Proposed New System of Records
Entitled the RAPD System
SOCIAL SECURITY ADMINISTRATION
A. General Background
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
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The Rehabilitation Act of 1973, as
amended, prohibits certain employers
from discriminating based on disability.
Section 501 of the Rehabilitation Act (29
U.S.C. 791) applies to Federal agencies
and requires that agencies provide
reasonable accommodation to qualified
employees or applicants with
disabilities. Executive Order (E.O.)
13164 requires that Federal agencies
establish written procedures to facilitate
the provision of reasonable
accommodation. An accommodation is
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62157
a change in the work environment or in
the way things are customarily done
that would enable a qualified individual
with a disability to enjoy equal
employment opportunities. There are
three categories of reasonable
accommodations:
• Modifications or adjustments to a
job application process for a qualified
individual with a disability to be
considered for a job (such as providing
application forms in alternative formats
like large print or Braille);
• Modifications or adjustments
necessary to enable a qualified
individual with a disability to perform
the essential functions of the job (such
as providing sign language interpreters);
and
• Modifications or adjustments that
enable qualified employees with
disabilities to enjoy equal benefits and
privileges of employment (such as
removing physical barriers in an office
or cafeteria).
The SSA will process requests for
reasonable accommodations and, where
appropriate, provide reasonable
accommodations to qualified employees
and applicants for employment in a
prompt, fair and efficient manner.
B. Collection and Maintenance of the
Data for the Proposed New System of
Records Entitled the RAPD System
SSA will collect and maintain the
information that will be housed in the
RAPD System from employees who
have requested reasonable
accommodation from SSA officials.
The information maintained in this
system of records will be maintained in
manual and electronic formats and will
include information on all reasonable
accommodation requests made by
employees. Specifically, it will contain:
(1) The employee’s name, Social
Security number (SSN), medical
information collected in the process,
number and type of requests made,
whether those requests have been
granted or denied; (2) the jobs
(occupational series, grade level, and
Agency component) for which
reasonable accommodations have been
requested; (3) the types of reasonable
accommodations that have been
requested for each of those jobs; (4) the
number and types of reasonable
accommodation requests for each job, by
Agency component, that have been
approved, and the number and types
denied; (5) the number and types of
requests that relate to the benefits or
privileges of employment, and whether
those requests have been granted or
denied; (6) reasons for denial; (7)
amount of time to process each request;
and (8) sources of technical assistance
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that have been consulted in identifying
possible requests. We will retrieve
information from the proposed system
of records by using the employee’s name
and/or SSN. Thus, the RAPD System
will constitute a system of records
under the Privacy Act.
II. Proposed Routine Use Disclosures of
Data Maintained in the Proposed RAPD
System
A. Proposed Routine Use Disclosures
We are proposing to establish routine
uses of information that will be
maintained in the proposed RAPD
System 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 an 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
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disclosure is compatible with the
purpose for which the records were
collected.
We will disclose information under
this routine use only as necessary to
enable DOJ to effectively 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 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, as necessary, to assist in
reassessing individuals’ requests for
reasonable accommodation, to assist in
investigations into alleged or possible
discriminatory practices in the Federal
sector, to combat and prevent fraud,
waste and abuse under the
Rehabilitation Act of 1973, and for other
functions vested in the Commission.
5. 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 Impasses
Panel.
We will disclose information about
employees 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
in which all or part of the allegations
involve the Agency’s providing
reasonable accommodations for
employees with disabilities.
6. To the Merit Systems Protection
Board, or the Office of the 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 about
employees under this routine use, as
necessary, to the Merit Systems
Protection Board, or the Office of the
Special Counsel, in which all or part of
the allegations in the appeal or action
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involve the Agency’s providing
reasonable accommodations for
employees with disabilities.
7. To contractors and other Federal
agencies, as necessary, for the purpose
of assisting SSA in the efficient
administration of its programs. We will
disclose information under this routine
use only in situations in which SSA
may enter 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.
8. 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
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.
9. To the General Services
Administration (GSA) and the National
Archives and Records Administration
(NARA) under 44 U.S.C. 2904 and 2906,
as amended by the NARA Act of 1984,
non-tax return information which is not
restricted from disclosure by Federal
law for use by 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.
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10. 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 customers, the
security of the SSA workplace, and the
operation of SSA facilities, or
• To assist investigations or
prosecutions with respect to activities
that affect such safety and security or
activities that disrupts the operation of
SSA facilities.
We will disclose information under
this routine use to law enforcement
agencies and private security
contractors when information is needed
to investigate, prevent, or respond to
activities that jeopardize the security
and safety of SSA customers, employees
or workplaces, or that otherwise disrupt
the operation of SSA facilities.
Information would also be disclosed to
assist in the prosecution of persons
charged with violating Federal or local
law in connection with such activities.
B. Compatibility of Proposed Routine
Uses
The Privacy Act (5 U.S.C. 552a(b)(3))
and our disclosure regulations (20 CFR
Part 401) permit us to disclose
information under a published routine
use for a purpose that is compatible
with the purpose for which we collected
the information. Section 401.150(c) of
SSA Regulations permits us to disclose
information under a routine use where
necessary to carry out SSA programs.
SSA Regulations at § 401.120 provide
that we will disclose information when
a law specifically requires the
disclosure. The proposed routine uses
numbered 1 through 8 and number 10
above will ensure efficient
administration of the RAPD system; the
disclosure that would be made under
routine use number 9 is required by
Federal law. Thus, all 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 RAPD System
SSA will maintain information in the
RAPD system in electronic and paper
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 by storing
computerized records in secured areas
that are accessible only to employees
who require the information to perform
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their official duties. Any manually
maintained records will be kept in
locked cabinets or in otherwise secure
areas.
Contractor personnel having access to
data in the proposed system of records
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 in 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 New System
of Records Entitled RAPD
The proposed new system of records
will maintain only that information
which is relevant in providing
reasonable accommodations for persons
with disabilities so that these
individuals can perform the essential
functions of their employment positions
or other positions the individual seeks.
Additionally, SSA will adhere to all
applicable provisions of the Privacy Act,
Social Security Act and other Federal
statutes that govern our use and
disclosure of the information. Thus, we
do not anticipate that the proposed
system of records will have an
unwarranted effect on the privacy of the
individuals that will be covered by the
RAPD System.
Dated: October 19, 2005.
Jo Anne B. Barnhart,
Commissioner.
SYSTEM NUMBER:
60–0315
Reasonable Accommodation for
Persons with Disabilities (RAPD), Social
Security Administration, Deputy
Commissioner for Human Resources.
SECURITY CLASSIFICATION:
SYSTEM LOCATION: IN HEADQUARTERS:
Office of the Chief Actuary, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Office of the Chief Information
Officer, Social Security Administration,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401.
Office of the Chief Strategic Officer,
Social Security Administration, 6401
Security Boulevard, Baltimore,
Maryland 21235–6401.
Office of the General Counsel, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
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Manager, Civil Rights and Equal
Opportunity Staff, Social Security
Administration, Office of Central
Operations, Room 7190 SWT, 1500
Woodlawn Drive, Baltimore, Maryland
21241.
REGIONAL ADDRESSES:
None.
Frm 00070
Office of the Inspector General, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Deputy Commissioner for
Communications, Social Security
Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Deputy Commissioner for Disability
and Income Security Programs, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Deputy Commissioner for Finance,
Assessment and Management, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Deputy Commissioner for Human
Resources, Social Security
Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Deputy Commissioner for Legislation
and Congressional Affairs, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401.
Deputy Commissioner for Operations,
Social Security Administration, 6401
Security Boulevard, Baltimore,
Maryland 21235–6401.
Deputy Commissioner for Policy,
Social Security Administration, 6401
Security Boulevard, Baltimore,
Maryland 21235–6401.
Deputy Commissioner for Systems,
Social Security Administration, 6401
Security Boulevard, Baltimore,
Maryland 21235–6401.
FOR OFFICE OF CENTRAL OPERATIONS:
SYSTEM NAME:
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Civil Rights and Equal Opportunity
Regional Manager, Boston Region,
Social Security Administration, Room
1900, John F. Kennedy Federal
Building, Cambridge Street, Boston,
Massachusetts 02203–1900.
Civil Rights and Equal Opportunity
Regional Manager, New York Region,
Social Security Administration, Room
40–100 Federal Building, 26 Federal
Plaza, New York, New York 10278.
Civil Rights and Equal Opportunity
Regional Manager, Philadelphia Region,
Social Security Administration, 7th
Floor, 300 Spring Garden Street,
Philadelphia, Pennsylvania 19123.
Civil Rights and Equal Opportunity
Regional Manager, Atlanta Region,
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Social Security Administration, Suite
22T64, 61 Forsyth Street, S.W., Atlanta
Federal Center, Atlanta, Georgia 30303.
Civil Rights and Equal Opportunity
Regional Manager, Chicago Region,
Social Security Administration, 10th
Floor, 600 West Madison Street,
Chicago, Illinois 60661.
Civil Rights and Equal Opportunity
Regional Manager, Dallas Region, Social
Security Administration, Suite 500,
1301 Young Street, Dallas, Texas 75202.
Civil Rights and Equal Opportunity
Regional Manager, Kansas City Region,
Social Security Administration, Room
436, 601 East 12th Street, Kansas City,
Missouri 64106.
Civil Rights and Equal Opportunity
Regional Manager, Denver Region,
Social Security Administration, Room
1468, 1961 Stout Street, Denver,
Colorado 80294.
Civil Rights and Equal Opportunity
Regional Manager, San Francisco
Region, Social Security Administration,
6th Floor, 1221 Nevin Avenue,
Richmond, California 94801.
Civil Rights and Equal Opportunity
Regional Manager, Seattle Region,
Social Security Administration, Suite
2900, Mail Stop 291A, 701 5th Avenue,
Seattle, Washington 98104.
FOR OFFICE OF HEARINGS AND APPEALS:
Director, Equal Employment
Opportunity Staff, Social Security
Administration, Office of Hearings and
Appeals, Suite 1700, One Skyline
Tower, 5107 Leesburg Pike, Falls
Church, Virginia 22041.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Employees who have requested a
reasonable accommodation.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records maintained in this system
of records are collected for all
reasonable accommodation (RA)
requests made by employees.
Specifically:
• The employee’s name, Social
Security number (SSN), number and
types of RA requests and whether those
requests have been granted or denied;
• Medical documentation about the
disability;
• Occupational series, grade level and
Agency component for which RAs have
been requested;
• Types of RAs for each job, by
Agency component, that have been
approved, and the number and types of
RA requests that relate to the benefits or
privileges of employment, and whether
those requests have been granted or
denied;
• Reasons for denial of requests for
RA;
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• Amount of time taken to process
each request for RA; and
• Sources of technical assistance that
have been consulted in identifying
possible RAs.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1974, as
amended, 29 U.S.C. 791; Executive
Order (E.O.) 13164; Equal Employment
Opportunity Commission’s Policy
Guidance on E.O. 13164; Establishing
Procedures to Facilitate the Provisions
of Reasonable Accommodation;
Directives Transmittal Number 915.003,
October 20, 2000.
PURPOSE(S):
Information in this system will be
used to provide RAs to qualified
employees with disabilities. SSA will
provide RAs when:
• A qualified individual with a
disability needs an accommodation to
be considered for a job;
• A qualified employee with a
disability needs an accommodation to
enable him or her to perform the
essential functions of the job or to gain
access to the workplace; and
• A qualified employee with a
disability needs an accommodation to
enjoy equal benefits and privileges of
employment.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
Disclosure 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 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
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,
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SSA determines that such disclosure is
compatible with the purpose for which
the records were collected.
4. 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.
5. 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 Impasses Panel.
6. To the Merit Systems Protection
Board or the Office of the 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.
7. 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.
8. To student volunteer 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.
9. To the General Services
Administration (GSA) and the National
Archives and Records Administration
(NARA) under 44 U.S.C. § 2904 and
§ 2906, as amended by the NARA Act of
1984, non-tax return information which
is not restricted from disclosure by
federal law for the use of those agencies
in conducting records management
studies.
10. 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 customers, the
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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 disrupts 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
and stored in both electronic and paper
form at the systems locations identified
above.
RETRIEVABILITY:
Records in this system are retrieved
by the employee’s name and/or SSN.
SAFEGUARDS:
Security measures include the use of
access codes to enter the computer
system which will maintain the data
and by storing computerized records in
secured areas which are accessible only
to employees who require the
information in performing their official
duties. Any manually maintained
records will be kept in locked cabinets
or in otherwise secure areas. 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:
Records and data created, received,
maintained for purposes of tracking
agency compliance with Executive
Order 13164 and the Equal Employment
Opportunity Commission guidance, will
be deleted/destroyed in accordance with
NARA GRS 1, Sec. 24.
SYSTEM MANAGER(S):
Deputy Commissioner for Human
Resources, Associate Commissioner,
Office of Civil Rights and Equal
Opportunity, Social Security
Administration, 6401 Security
Boulevard, 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(s) at
the above address and providing his/her
name, SSN, or other information that
VerDate Aug<31>2005
18:15 Oct 27, 2005
Jkt 208001
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 or
some other means of identification. 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 information in
the record to which notification is being
requested. The individual will be
required to submit a request in writing
or in person if it is determined that the
identifying information provided by
telephone is insufficient. 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).
An individual who requests access to
his or her medical records must also
name a representative in writing. The
representative may be a physician, other
health professional, or other responsible
individual, who would be willing to
explain the contents of the medical
record(s) before giving the entire
medical record(s) to the individual.
These procedures are in accordance
with SSA Regulation (20 CFR 401.55).
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
62161
RECORD ACCESS PROCEDURE(S):
Same as Notification procedures.
Requesters should also 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 should also reasonably
identify the record, specify the
information they are contesting, and
state the corrective action sought, and
the reasons for the correction, with
supporting justification showing how
the record is 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 supplied
directly by the requesting individuals
and SSA officials.
SYSTEMS EXEMPT FROM CERTAIN PROVISIONS OF
THE PRIVACY ACT:
None.
[FR Doc. 05–21491 Filed 10–27–05; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Aviation Proceedings, Agreements
filed the week ending October 7, 2005
The following Agreements were filed
with the Department of Transportation
under the Sections 412 and 414 of the
Federal Aviation Act, as amended (49
U.S.C. 1382 and 1384) and procedures
governing proceedings to enforce these
provisions. Answers may be filed within
21 days after the filing of the
application.
Docket Number: OST–2005–22659.
Date Filed: October 4, 2005.
Parties: Members of the International
Air Transport Association.
Subject: GVA/SRC/003/05 dated 19
August 2005 and GVA/SRC/005 dated
August 28, 2005, i.e. Resolution 801r
Intended effective date: 1 November
2005.
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. 05–21537 Filed 10–27–05; 8:45 am]
BILLING CODE 4910–62–P
E:\FR\FM\28OCN1.SGM
28OCN1
Agencies
[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62157-62161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21491]
-----------------------------------------------------------------------
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 Reasonable Accommodation for Persons With
Disabilities (RAPD) System, 60-0315, and routine uses applicable to
this system of records. Hereinafter, we will refer to the proposed
system of records as the RAPD System. The proposed system of records
will consist of information used to provide reasonable accommodations
to qualified employees on the basis of disability, the disposition of
the requests and the reasonable accommodations provided. 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 October 19, 2005. The proposed system of records and routine
uses will become effective on November 28, 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, 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: Edie McCracken, Social Insurance
Specialist, Office of Public Disclosure, Office of the General Counsel,
Social Security Administration, Suite 1500 Dunleavy Building, 6401
Security Boulevard, Baltimore, Maryland 21235, e-mail address at
edie.mccracken@ssa.gov, or by telephone at (410) 965-6117.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose of the Proposed New System of Records
Entitled the RAPD System
A. General Background
The Rehabilitation Act of 1973, as amended, prohibits certain
employers from discriminating based on disability. Section 501 of the
Rehabilitation Act (29 U.S.C. 791) applies to Federal agencies and
requires that agencies provide reasonable accommodation to qualified
employees or applicants with disabilities. Executive Order (E.O.) 13164
requires that Federal agencies establish written procedures to
facilitate the provision of reasonable accommodation. An accommodation
is a change in the work environment or in the way things are
customarily done that would enable a qualified individual with a
disability to enjoy equal employment opportunities. There are three
categories of reasonable accommodations:
Modifications or adjustments to a job application process
for a qualified individual with a disability to be considered for a job
(such as providing application forms in alternative formats like large
print or Braille);
Modifications or adjustments necessary to enable a
qualified individual with a disability to perform the essential
functions of the job (such as providing sign language interpreters);
and
Modifications or adjustments that enable qualified
employees with disabilities to enjoy equal benefits and privileges of
employment (such as removing physical barriers in an office or
cafeteria).
The SSA will process requests for reasonable accommodations and,
where appropriate, provide reasonable accommodations to qualified
employees and applicants for employment in a prompt, fair and efficient
manner.
B. Collection and Maintenance of the Data for the Proposed New System
of Records Entitled the RAPD System
SSA will collect and maintain the information that will be housed
in the RAPD System from employees who have requested reasonable
accommodation from SSA officials.
The information maintained in this system of records will be
maintained in manual and electronic formats and will include
information on all reasonable accommodation requests made by employees.
Specifically, it will contain: (1) The employee's name, Social Security
number (SSN), medical information collected in the process, number and
type of requests made, whether those requests have been granted or
denied; (2) the jobs (occupational series, grade level, and Agency
component) for which reasonable accommodations have been requested; (3)
the types of reasonable accommodations that have been requested for
each of those jobs; (4) the number and types of reasonable
accommodation requests for each job, by Agency component, that have
been approved, and the number and types denied; (5) the number and
types of requests that relate to the benefits or privileges of
employment, and whether those requests have been granted or denied; (6)
reasons for denial; (7) amount of time to process each request; and (8)
sources of technical assistance
[[Page 62158]]
that have been consulted in identifying possible requests. We will
retrieve information from the proposed system of records by using the
employee's name and/or SSN. Thus, the RAPD System will constitute a
system of records under the Privacy Act.
II. Proposed Routine Use Disclosures of Data Maintained in the Proposed
RAPD System
A. Proposed Routine Use Disclosures
We are proposing to establish routine uses of information that will
be maintained in the proposed RAPD System 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 an
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.
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 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, as necessary, to assist
in reassessing individuals' requests for reasonable accommodation, to
assist in investigations into alleged or possible discriminatory
practices in the Federal sector, to combat and prevent fraud, waste and
abuse under the Rehabilitation Act of 1973, and for other functions
vested in the Commission.
5. 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 Impasses Panel.
We will disclose information about employees 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 in which all or
part of the allegations involve the Agency's providing reasonable
accommodations for employees with disabilities.
6. To the Merit Systems Protection Board, or the Office of the
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 about employees under this routine
use, as necessary, to the Merit Systems Protection Board, or the Office
of the Special Counsel, in which all or part of the allegations in the
appeal or action involve the Agency's providing reasonable
accommodations for employees with disabilities.
7. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We will disclose information under this routine use only in
situations in which SSA may enter 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.
8. 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 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.
9. To the General Services Administration (GSA) and the National
Archives and Records Administration (NARA) under 44 U.S.C. 2904 and
2906, as amended by the NARA Act of 1984, non-tax return information
which is not restricted from disclosure by Federal law for use by 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.
[[Page 62159]]
10. 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
customers, the security of the SSA workplace, and the operation of SSA
facilities, or
To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupts the operation of SSA facilities.
We will disclose information under this routine use to law
enforcement agencies and private security contractors when information
is needed to investigate, prevent, or respond to activities that
jeopardize the security and safety of SSA customers, employees or
workplaces, or that otherwise disrupt the operation of SSA facilities.
Information would also be disclosed to assist in the prosecution of
persons charged with violating Federal or local law in connection with
such activities.
B. Compatibility of Proposed Routine Uses
The Privacy Act (5 U.S.C. 552a(b)(3)) and our disclosure
regulations (20 CFR Part 401) permit us to disclose information under a
published routine use for a purpose that is compatible with the purpose
for which we collected the information. Section 401.150(c) of SSA
Regulations permits us to disclose information under a routine use
where necessary to carry out SSA programs. SSA Regulations at Sec.
401.120 provide that we will disclose information when a law
specifically requires the disclosure. The proposed routine uses
numbered 1 through 8 and number 10 above will ensure efficient
administration of the RAPD system; the disclosure that would be made
under routine use number 9 is required by Federal law. Thus, all
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 RAPD System
SSA will maintain information in the RAPD system in electronic and
paper 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 by storing
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.
Contractor personnel having access to data in the proposed system
of records 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 in 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 New System of Records Entitled RAPD
The proposed new system of records will maintain only that
information which is relevant in providing reasonable accommodations
for persons with disabilities so that these individuals can perform the
essential functions of their employment positions or other positions
the individual seeks. Additionally, SSA will adhere to all applicable
provisions of the Privacy Act, Social Security Act and other Federal
statutes that govern our use and disclosure of the information. Thus,
we do not anticipate that the proposed system of records will have an
unwarranted effect on the privacy of the individuals that will be
covered by the RAPD System.
Dated: October 19, 2005.
Jo Anne B. Barnhart,
Commissioner.
SYSTEM NUMBER:
60-0315
System name:
Reasonable Accommodation for Persons with Disabilities (RAPD),
Social Security Administration, Deputy Commissioner for Human
Resources.
Security classification:
None.
System location: In Headquarters:
Office of the Chief Actuary, Social Security Administration, 6401
Security Boulevard, Baltimore, Maryland 21235-6401.
Office of the Chief Information Officer, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Office of the Chief Strategic Officer, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Office of the General Counsel, Social Security Administration, 6401
Security Boulevard, Baltimore, Maryland 21235-6401.
Office of the Inspector General, Social Security Administration,
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Deputy Commissioner for Communications, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Deputy Commissioner for Disability and Income Security Programs,
Social Security Administration, 6401 Security Boulevard, Baltimore,
Maryland 21235-6401.
Deputy Commissioner for Finance, Assessment and Management, Social
Security Administration, 6401 Security Boulevard, Baltimore, Maryland
21235-6401.
Deputy Commissioner for Human Resources, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Deputy Commissioner for Legislation and Congressional Affairs,
Social Security Administration, 6401 Security Boulevard, Baltimore,
Maryland 21235-6401.
Deputy Commissioner for Operations, Social Security Administration,
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Deputy Commissioner for Policy, Social Security Administration,
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Deputy Commissioner for Systems, Social Security Administration,
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
For Office of Central Operations:
Manager, Civil Rights and Equal Opportunity Staff, Social Security
Administration, Office of Central Operations, Room 7190 SWT, 1500
Woodlawn Drive, Baltimore, Maryland 21241.
Regional addresses:
Civil Rights and Equal Opportunity Regional Manager, Boston Region,
Social Security Administration, Room 1900, John F. Kennedy Federal
Building, Cambridge Street, Boston, Massachusetts 02203-1900.
Civil Rights and Equal Opportunity Regional Manager, New York
Region, Social Security Administration, Room 40-100 Federal Building,
26 Federal Plaza, New York, New York 10278.
Civil Rights and Equal Opportunity Regional Manager, Philadelphia
Region, Social Security Administration, 7th Floor, 300 Spring Garden
Street, Philadelphia, Pennsylvania 19123.
Civil Rights and Equal Opportunity Regional Manager, Atlanta
Region,
[[Page 62160]]
Social Security Administration, Suite 22T64, 61 Forsyth Street, S.W.,
Atlanta Federal Center, Atlanta, Georgia 30303.
Civil Rights and Equal Opportunity Regional Manager, Chicago
Region, Social Security Administration, 10th Floor, 600 West Madison
Street, Chicago, Illinois 60661.
Civil Rights and Equal Opportunity Regional Manager, Dallas Region,
Social Security Administration, Suite 500, 1301 Young Street, Dallas,
Texas 75202.
Civil Rights and Equal Opportunity Regional Manager, Kansas City
Region, Social Security Administration, Room 436, 601 East 12th Street,
Kansas City, Missouri 64106.
Civil Rights and Equal Opportunity Regional Manager, Denver Region,
Social Security Administration, Room 1468, 1961 Stout Street, Denver,
Colorado 80294.
Civil Rights and Equal Opportunity Regional Manager, San Francisco
Region, Social Security Administration, 6th Floor, 1221 Nevin Avenue,
Richmond, California 94801.
Civil Rights and Equal Opportunity Regional Manager, Seattle
Region, Social Security Administration, Suite 2900, Mail Stop 291A, 701
5th Avenue, Seattle, Washington 98104.
For Office of Hearings and Appeals:
Director, Equal Employment Opportunity Staff, Social Security
Administration, Office of Hearings and Appeals, Suite 1700, One Skyline
Tower, 5107 Leesburg Pike, Falls Church, Virginia 22041.
Categories of individuals covered by the system:
Employees who have requested a reasonable accommodation.
Categories of records in the system:
The records maintained in this system of records are collected for
all reasonable accommodation (RA) requests made by employees.
Specifically:
The employee's name, Social Security number (SSN), number
and types of RA requests and whether those requests have been granted
or denied;
Medical documentation about the disability;
Occupational series, grade level and Agency component for
which RAs have been requested;
Types of RAs for each job, by Agency component, that have
been approved, and the number and types of RA requests that relate to
the benefits or privileges of employment, and whether those requests
have been granted or denied;
Reasons for denial of requests for RA;
Amount of time taken to process each request for RA; and
Sources of technical assistance that have been consulted
in identifying possible RAs.
Authority for maintenance of the system:
The Rehabilitation Act of 1974, as amended, 29 U.S.C. 791;
Executive Order (E.O.) 13164; Equal Employment Opportunity Commission's
Policy Guidance on E.O. 13164; Establishing Procedures to Facilitate
the Provisions of Reasonable Accommodation; Directives Transmittal
Number 915.003, October 20, 2000.
Purpose(s):
Information in this system will be used to provide RAs to qualified
employees with disabilities. SSA will provide RAs when:
A qualified individual with a disability needs an
accommodation to be considered for a job;
A qualified employee with a disability needs an
accommodation to enable him or her to perform the essential functions
of the job or to gain access to the workplace; and
A qualified employee with a disability needs an
accommodation to enjoy equal benefits and privileges of employment.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Disclosure 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 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 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.
4. 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.
5. 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 Impasses Panel.
6. To the Merit Systems Protection Board or the Office of the
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.
7. 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.
8. To student volunteer 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.
9. To the General Services Administration (GSA) and the National
Archives and Records Administration (NARA) under 44 U.S.C. Sec. 2904
and Sec. 2906, as amended by the NARA Act of 1984, non-tax return
information which is not restricted from disclosure by federal law for
the use of those agencies in conducting records management studies.
10. 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
customers, the
[[Page 62161]]
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
disrupts 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 and stored in both electronic
and paper form at the systems locations identified above.
Retrievability:
Records in this system are retrieved by the employee's name and/or
SSN.
Safeguards:
Security measures include the use of access codes to enter the
computer system which will maintain the data and by storing
computerized records in secured areas which are accessible only to
employees who require the information in performing their official
duties. Any manually maintained records will be kept in locked cabinets
or in otherwise secure areas. 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:
Records and data created, received, maintained for purposes of
tracking agency compliance with Executive Order 13164 and the Equal
Employment Opportunity Commission guidance, will be deleted/destroyed
in accordance with NARA GRS 1, Sec. 24.
System manager(s):
Deputy Commissioner for Human Resources, Associate Commissioner,
Office of Civil Rights and Equal Opportunity, Social Security
Administration, 6401 Security Boulevard, 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(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 photograph,
such as a driver's license or some other means of identification. 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 information in the record to which notification is being
requested. The individual will be required to submit a request in
writing or in person if it is determined that the identifying
information provided by telephone is insufficient. 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).
An individual who requests access to his or her medical records
must also name a representative in writing. The representative may be a
physician, other health professional, or other responsible individual,
who would be willing to explain the contents of the medical record(s)
before giving the entire medical record(s) to the individual. These
procedures are in accordance with SSA Regulation (20 CFR 401.55).
Record access procedure(s):
Same as Notification procedures. Requesters should also 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 should also reasonably
identify the record, specify the information they are contesting, and
state the corrective action sought, and the reasons for the correction,
with supporting justification showing how the record is 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 supplied directly by the requesting
individuals and SSA officials.
Systems exempt from certain provisions of the Privacy Act:
None.
[FR Doc. 05-21491 Filed 10-27-05; 8:45 am]
BILLING CODE 4191-02-P