Privacy Act of 1974; System of Records, 27816-27819 [2018-12818]
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices
Act, in particular the requirements of
Section 17A of the Act 77 and the rules
and regulations thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that
proposed rule change SR–FICC–2018–
003 be, and hereby is, Approved.78
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.79
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12754 Filed 6–13–18; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2017–0030]
Social Security Rulings (SSRs) 96–3p
and 96–4p; Rescission of SSRs 96–3p
and 96–4p
Social Security Administration.
Notice of rescission of SSRs.
AGENCY:
ACTION:
We give notice of the
rescission of SSRs 96–3p and 96–4p.
DATES: We will apply this rescission
notice on June 14, 2018.
FOR FURTHER INFORMATION CONTACT: Dan
O’Brien, Office of Vocational,
Evaluation, and Process Policy in the
Office of Disability Policy, Social
Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 597–1632. For information on
eligibility or filing for benefits, call our
national toll-free number, 1–800–772–
1213 or visit our internet site, Social
Security Online, at https://
www.socialsecurity.gov.
SUMMARY:
We use
SSRs to make available to the public
precedential decisions relating to the
Federal old-age, survivors, disability,
supplemental security income, and
special veterans benefits programs. We
may base SSRs on determinations or
decisions made in our administrative
review process, Federal court decisions,
decisions of our Commissioner,
opinions from our Office of the General
Counsel, or other interpretations of law
and regulations.
In accordance with 20 CFR
402.35(b)(1), we give notice that we are
rescinding the following SSRs:
• SSR 96–3p: Titles II and XVI:
Considering Allegations of Pain and
Other Symptoms in Determining
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SUPPLEMENTARY INFORMATION:
77 15
U.S.C. 78q–1.
approving the proposed rule change, the
Commission considered the proposals’ impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
79 17 CFR 200.30–3(a)(12).
78 In
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Whether a Medically Determinable
Impairment is Severe.
• SSR 96–4p: Titles II and XVI:
Symptoms, Medically Determinable
Physical and Mental Impairments, and
Exertional and Nonexertional
Limitations.
These SSRs are unnecessarily
duplicative of SSR 16–3p Titles II and
XVI: Evaluation of Symptoms in
Disability Claims, which was applicable
on March 28, 2016, published in the
Federal Register on March 16, 2016, 81
FR 14166.1 SSR 16–3p, a more
comprehensive statement of our policy
on symptoms, explains how we evaluate
the extent to which alleged symptoms
limit an adult’s ability to perform workrelated activities and a child’s ability to
function effectively in an ageappropriate manner.
SSR 96–3p clarified how adjudicators
should consider allegations of pain and
other symptoms in determining whether
a medically determinable impairment
(MDI) is severe. SSR 16–3p explains our
two-step process for evaluating an
individual’s symptoms where, at the
first step, we determine whether the
individual has an MDI that could
reasonably be expected to produce the
individual’s alleged symptoms. At the
second step, we evaluate the intensity
and persistence of an individual’s
symptoms such as pain and determine
the extent to which an individual’s
symptoms limit his or her ability to
perform work-related activities for an
adult or to function independently,
appropriately, and effectively in an ageappropriate manner for a child with a
title XVI disability claim. SSR 16–3p
explains that we will consider
symptoms and functional limitations to
determine whether an impairment is
severe unless the objective medical
evidence alone establishes a severe MDI
or combination of impairments that
meets our duration requirement.
Therefore, the information contained in
SSR 96–3p duplicates policy in SSR 16–
3p.
SSR 96–4p explained that no
symptom, by itself, could establish the
existence of a medically determinable
physical or mental impairment. In SSR
16–3p, we clarified that an individual’s
symptoms alone are not enough to
establish the existence of a physical or
mental impairment or disability, and
1 On March 24, 2016, we published a correction
notice in the Federal Register that amended and
corrected the effective date of SSR 16–3p (81 FR
15776). On October 25, 2017, we published a notice
of Social Security Ruling in the Federal Register
that changes the ‘‘effective date’’ to ‘‘applicable
date’’ and revises the Social Security Ruling to
explain how we apply the Ruling as it relates to the
applicable date (82 FR 49462).
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that we will not find an individual
disabled based on alleged symptoms
alone. Therefore, the information
contained in SSR 96–4p duplicates
policy in SSR 16–3p. Consequently, we
are rescinding SSRs 96–3p and 96–4p.
(Catalog of Federal Domestic Assistance,
Programs Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security— Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006—Supplemental Security Income.)
Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2018–12820 Filed 6–13–18; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2015–0003]
Privacy Act of 1974; System of
Records
Deputy Commissioner of
Budget, Finance, and Management,
Social Security Administration (SSA).
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act, we are issuing public
notice of our intent to establish a new
system of records entitled, Social
Security Administration Violence
Evaluation and Reporting System
(SSAvers) (60–0379). We are
establishing SSAvers to cover
information we collect about employees,
contractors, and members of the public
who are allegedly involved in, or
witness incidents of, workplace and
domestic violence.
DATES: The System of Records Notice
(SORN) is applicable upon its
publication in today’s Federal Register,
with the exception of the routine uses
which are effective July 16, 2018. We
invite public comment on the routine
uses or other aspects of this SORN. In
accordance with 5 U.S.C. 552a(e)(4) and
(e)(11), the public is given a 30-day
period in which to submit comments.
Therefore, please submit any comments
by July 16, 2018.
ADDRESSES: The public, Office of
Management and Budget (OMB), and
Congress may comment on this
publication by writing to the Executive
Director, Office of Privacy and
Disclosure, Office of the General
Counsel, SSA, Room G–401 West High
Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401, or
through the Federal e-Rulemaking Portal
at https://www.regulations.gov, please
reference docket number SSA–2015–
0003. All comments we receive will be
SUMMARY:
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices
available for public inspection at the
above address and we will post them to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Navdeep Sarai, Government Information
Specialist, Privacy Implementation
Division, Office of Privacy and
Disclosure, Office of the General
Counsel, SSA, Room G–401 West High
Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401,
telephone: (410) 965–2997, email:
Navdeep.Sarai@ssa.gov.
SUPPLEMENTARY INFORMATION: On April
18, 2012, the President issued the
memorandum, Establishing Policies for
Addressing Domestic Violence in the
Federal Workforce, which directed the
Office of Personnel Management (OPM)
to issue guidance to all departments and
agencies to create policy to address
domestic violence, sexual assault, and
stalking. Accordingly, we created the
Workplace and Domestic Violence
policy and program to ensure the safety
of our employees. In implementing the
policy and program, we collect
information to record, review,
investigate, and respond to allegations
of workplace and domestic violence,
which may include sexual assault,
stalking, or other forms of violence
affecting our employees and contractors.
In accordance with 5 U.S.C. 552a(r),
we have provided a report to OMB and
Congress on this new system of records.
Dated: May 3, 2018.
Mary Ann Zimmerman,
Acting Executive Director, Office of Privacy
and Disclosure, Office of the General Counsel.
SYSTEM NAME AND NUMBER
Social Security Administration
Violence Evaluation and Reporting
System (SSAvers), 60–0379.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Social Security Administration,
Deputy Commissioner of Budget,
Finance, and Management, Office of
Security and Emergency Preparedness,
Office of Emergency Management, 6401
Security Boulevard, Baltimore,
Maryland 21235.
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SYSTEM MANAGER(S):
Social Security Administration,
Deputy Commissioner of Budget,
Finance, and Management, Office of
Security and Emergency Preparedness,
Office of Emergency Management,
Workplace Violence Program Manager,
6301 Security Boulevard, 201 Supply
Building, Baltimore, MD 21235,
WDV.Administrative.Inquiries@ssa.gov.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VII of the Civil Rights Act of
1964; Congressional Accountability Act
of 1995; 29 U.S.C. 51, Occupational
Safety and Health Act of 1970; 29 CFR
1960, Basic Program Elements for
Federal Employee Occupational Safety
and Health Programs and Related
Matters; 41 CFR 102–74, Subpart C,
Conduct on Federal Property; 5 CFR
735, Employee Responsibilities and
Conduct; 5 CFR 2635, Standards of
Ethical Conduct for Employees of the
Executive Branch; and various other
statutes related to handling incidents of
workplace and domestic violence.
PURPOSE(S) OF THE SYSTEM:
We will use the information in this
system to record, review, investigate,
and respond to allegations of workplace
and domestic violence affecting our
employees and contractors.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who are involved in
alleged incidents of workplace and
domestic violence, who could be
witnesses, alleged offenders, alleged
victims, or others involved in the
alleged incident or incident response.
These individuals may include, but are
not limited to, SSA employees,
contractors, and members of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains information
collected or generated in response to
alleged incidents of workplace and
domestic violence. The information may
include name and contact information
of individuals involved; facts and
documentation related to alleged
behaviors of concern, such as protective
orders and alleged offender
photographs; and additional documents
and information related to assessing the
risk of violence and the agency’s
response and recommendations to
mitigate risks of violence.
RECORD SOURCE CATEGORIES:
We obtain information in this system
from current and former employees and
contractors; members of the public;
other Federal, state, and local agencies;
private entities; and other agency
sources, such as the Identity Protection
Program System, Identity Management
System, and the Safety Management
Information System, to help respond to
allegations of workplace and domestic
violence affecting our employees and
contractors.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
We will disclose records pursuant to
the following routine uses, however, we
will not disclose any information
defined as ‘‘return or return
information’’ under 26 U.S.C. 6103 of
the Internal Revenue Code, unless
authorized by statute, the Internal
Revenue Service (IRS), or IRS
regulations.
1. To a congressional office in
response to an inquiry from that office
made on behalf of, and at the request of,
the subject of the record or third party
acting on the subject’s behalf.
2. To the Office of the President in
response to an inquiry from that office
made on behalf of, and at the request of,
the subject of the record or a third party
acting on the subject’s behalf.
3. To the National Archives and
Records Administration (NARA) under
44 U.S.C. 2904 and 2906.
4. To appropriate agencies, entities,
and persons when:
(a) SSA suspects or has confirmed
that there has been a breach of the
system of records;
(b) SSA has determined that as a
result of the suspected or confirmed
breach, there is a risk of harm to
individuals, SSA (including its
information systems, programs, and
operations), the Federal Government, or
national security; and
(c) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connections with SSA’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
5. To another Federal agency or
Federal entity, when SSA determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in:
(a) Responding to a suspected or
confirmed breach; or
(b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
6. To officials of labor organizations
recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their
duties of exclusive representation
concerning personnel policies,
practices, and matters affecting
conditions of employment or when
representing an employee regarding a
domestic or workplace violence
incident.
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7. To the Department of Justice (DOJ),
a court or other tribunal, or another
party before such court or 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 the
litigation is likely to affect SSA or any
of its components,
is a party to the 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 the tribunal is
relevant and necessary to the litigation,
provided, however, that in each case,
the agency determines that disclosures
of the records to DOJ, court or other
tribunal, or another party is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected.
8. 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, 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 operations of
SSA facilities.
9. To the Equal Employment
Opportunity Commission (EEOC or
Commission) 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.
10. To OPM, the Merit Systems
Protection Board, or the Office of
Special Counsel in connection with
appeals, special studies, of the civil
service and other merit systems, review
of rules and regulations, investigations
of alleged or possible prohibited
practices, and other such functions
promulgated in 5 U.S.C. Chapter 12, or
as may be required by law.
11. To contractors and other Federal
agencies, as necessary, for the purpose
of assisting SSA in the efficient
administration of its programs. We
disclose information under this routine
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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.
12. To student volunteers, individuals
working under a personal services
contract, and other workers who
technically do not have the status of
Federal employees when they are
performing work for SSA, as authorized
by law, and they need access to
personally identifiable information (PII)
in SSA records in order to perform their
assigned agency functions.
13. To any agency, person, or entity
in the course of an investigation to the
extent necessary to obtain information
pertinent to the investigation.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS IN THE SYSTEM:
We will maintain records in this
system in paper and electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
We will retrieve records by the names
of reporters, witnesses, alleged
offenders, alleged victims, Crisis
Advisory Team personnel, and
management officials involved in and
responding to alleged incidents of
workplace and domestic violence.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
These records are currently
unscheduled. We retain records in
accordance with NARA-approved
records schedules. In accordance with
NARA rules codified at 36 CFR 1225.16,
we maintain unscheduled records until
NARA approves an agency-specific
records schedule or publishes a
corresponding General Records
Schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
We retain electronic and paper files
with personal identifiers in secure
storage areas accessible only by our
authorized employees and contractors
who have a need for the information
when performing their official duties.
Security measures include the use of
codes and profiles, personal
identification number and password,
and personal identification verification
cards. We keep paper records in locked
cabinets within secure areas, with
access limited to only those employees
who have an official need for access in
order to perform their duties.
We annually provide our employees
and contractors with appropriate
security awareness training that
includes reminders about the need to
protect PII and the criminal penalties
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that apply to unauthorized access to, or
disclosure of, PII (e.g., 5 U.S.C.
552a(i)(1)). Furthermore, employees and
contractors with access to databases
maintaining PII must sign a sanctions
document annually, acknowledging
their accountability for inappropriately
accessing or disclosing such
information.
RECORD ACCESS PROCEDURES:
This system of records has been
exempted from the Privacy Act’s access,
contesting, and notification provisions
as stated below. However, individuals
may submit requests for information
about whether this system contains a
record about them by submitting a
written request to the system manager at
the above address, which includes their
name, Social Security number (SSN), or
other information that may be in this
system of records that will identify
them. Individuals requesting
notification of, or access to, a record by
mail must include (1) a notarized
statement to us to verify their identity
or (2) must certify in the request that
they are the individual they claim to be
and that they understand that the
knowing and willful request for, or
acquisition of, a record pertaining to
another individual under false pretenses
is a criminal offense.
Individuals requesting notification of,
or access to, records in person must
provide their name, SSN, or other
information that may be in this system
of records that will identify them, as
well as provide an identity document,
preferably with a photograph, such as a
driver’s license. Individuals lacking
identification documents sufficient to
establish their identity must certify in
writing that they are the individual they
claim to be and that they understand
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 our regulations at 20 CFR 401.40
and 401.45.
CONTESTING RECORD PROCEDURES:
Same as record access procedures.
Individuals 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 incomplete, untimely,
inaccurate, or irrelevant. These
procedures are in accordance with our
regulations at 20 CFR 401.65(a).
NOTIFICATION PROCEDURES:
Same as record access procedures.
These procedures are in accordance
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with our regulations at 20 CFR 401.40
and 401.45.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system of records has been
exempted from certain provisions of the
Privacy Act pursuant to 5 U.S.C.
552a(k)(2). Rules have been
promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c), and
(e) and have been published in today’s
Federal Register.
HISTORY:
None.
[FR Doc. 2018–12818 Filed 6–13–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF STATE
[Public Notice 10430]
60-Day Notice of Proposed Information
Collection: Iraqi Citizens and Nationals
Employed by U.S. Federal Contractors
and Grantees
Notice of request for public
comment.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
In accordance with the Paperwork
Reduction Act of 1995, we are
requesting comments on this collection
from all interested individuals and
organizations. The purpose of this
notice is to allow 60 days for public
comment preceding submission of the
collection to OMB.
DATES: The Department will accept
comments from the public up to August
13, 2018.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
internet may comment on this notice by
going to www.Regulations.gov. You can
search for the document by entering
‘‘Docket Number: DOS–2018–0019’’ in
the Search field. Then click the
‘‘Comment Now’’ button and complete
the comment form.
• Email: riveralp@state.gov.
• Regular Mail: Send written
comments to: Lea Rivera, PRM/
Admissions, 2025 E Street NW, SA–9,
8th Floor, Washington, DC 20522–0908.
• Fax: 202–453–9393.
You must include the DS form
number (if applicable), information
collection title, and the OMB control
number in any correspondence.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
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SUMMARY:
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listed in this notice, including requests
for copies of the proposed collection
instrument and supporting documents,
to Lea Rivera, PRM/Admissions, 2025
E Street NW, SA–9, 8th Floor,
Washington, DC 20522–0908, who may
be reached on 202–453–9255 or at
riveralp@state.gov.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection: Iraqi
Citizens and Nationals Employed by
Federal Contractors and Grantees.
• OMB Control Number: 1405–0184.
• Type of Request: Revision of a
Currently Approved Collection.
• Originating Office: PRM/A.
• Form Number: DS–7655.
• Respondents: Refugee applicants for
the U.S. Refugee Admissions Program.
• Estimated Number of Respondents:
50 Department of State contractors,
grantees and cooperative agreement
partners.
• Estimated Number of Responses:
200.
• Average Time per Response: 30
minutes.
• Total Estimated Burden Time: 100
hours.
• Frequency: On occasion.
• Obligation to Respond: Required to
Obtain or Retain a Benefit.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information,
will be available for public review.
Abstract of Proposed Collection
The information requested will be
used to verify the employment of Iraqi
citizens and nationals for the processing
and adjudication of other refugee,
asylum, special immigrant visa, and
other immigration claims and
applications.
Methodology
The method for the collection of
information will be via electronic
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submission. The format for compiling
the information will be the Department
of State’s myData application.
Contracting officers and Grants officers
will distribute the DS–7655 by email to
contractors, grantees and cooperative
agreement partners under their
authority. Respondents complete the
form, and email it to their Contracting
Officers or Grant Officers.
Kelly Gauger,
Acting Director, Office of Admissions, Bureau
of Population, Refugees and Migration,
Department of State.
[FR Doc. 2018–12723 Filed 6–13–18; 8:45 am]
BILLING CODE 4710–33–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 748]
Indexing the Annual Operating
Revenues of Railroads
The Surface Transportation Board
(STB) is publishing the annual inflationadjusted index factors for 2017. These
factors are used by the railroads to
adjust their gross annual operating
revenues for classification purposes.
This indexing methodology ensures that
railroads are classified based on real
business expansion and not on the
effects of inflation. Classification is
important because it determines the
extent to which individual railroads
must comply with STB reporting
requirements.
The STB’s annual inflation-adjusted
factors are based on the annual average
Railroad Freight Price Index developed
by the Bureau of Labor Statistics. The
STB’s deflator factor is used to deflate
revenues for comparison with
established revenue thresholds.
The base year for railroads is 1991.
The inflation index factors are presented
as follows:
STB RAILROAD INFLATION-ADJUSTED
INDEX AND DEFLATOR FACTOR TABLE
Year
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
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Index
409.50
411.80
415.50
418.80
418.17
417.46
419.67
424.54
423.01
428.64
436.48
445.03
454.33
473.41
522.41
Deflator
1 100.00
99.45
98.55
97.70
97.85
98.02
97.50
96.38
96.72
95.45
93.73
91.92
90.03
86.40
78.29
]]>Agencies
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Notices]
[Pages 27816-27819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12818]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2015-0003]
Privacy Act of 1974; System of Records
AGENCY: Deputy Commissioner of Budget, Finance, and Management, Social
Security Administration (SSA).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act, we are issuing public
notice of our intent to establish a new system of records entitled,
Social Security Administration Violence Evaluation and Reporting System
(SSAvers) (60-0379). We are establishing SSAvers to cover information
we collect about employees, contractors, and members of the public who
are allegedly involved in, or witness incidents of, workplace and
domestic violence.
DATES: The System of Records Notice (SORN) is applicable upon its
publication in today's Federal Register, with the exception of the
routine uses which are effective July 16, 2018. We invite public
comment on the routine uses or other aspects of this SORN. In
accordance with 5 U.S.C. 552a(e)(4) and (e)(11), the public is given a
30-day period in which to submit comments. Therefore, please submit any
comments by July 16, 2018.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress may comment on this publication by writing to the Executive
Director, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking
Portal at https://www.regulations.gov, please reference docket number
SSA-2015-0003. All comments we receive will be
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available for public inspection at the above address and we will post
them to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Navdeep Sarai, Government Information
Specialist, Privacy Implementation Division, Office of Privacy and
Disclosure, Office of the General Counsel, SSA, Room G-401 West High
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401,
telephone: (410) 965-2997, email: [email protected].
SUPPLEMENTARY INFORMATION: On April 18, 2012, the President issued the
memorandum, Establishing Policies for Addressing Domestic Violence in
the Federal Workforce, which directed the Office of Personnel
Management (OPM) to issue guidance to all departments and agencies to
create policy to address domestic violence, sexual assault, and
stalking. Accordingly, we created the Workplace and Domestic Violence
policy and program to ensure the safety of our employees. In
implementing the policy and program, we collect information to record,
review, investigate, and respond to allegations of workplace and
domestic violence, which may include sexual assault, stalking, or other
forms of violence affecting our employees and contractors.
In accordance with 5 U.S.C. 552a(r), we have provided a report to
OMB and Congress on this new system of records.
Dated: May 3, 2018.
Mary Ann Zimmerman,
Acting Executive Director, Office of Privacy and Disclosure, Office of
the General Counsel.
SYSTEM NAME AND NUMBER
Social Security Administration Violence Evaluation and Reporting
System (SSAvers), 60-0379.
Security Classification:
Unclassified.
System Location:
Social Security Administration, Deputy Commissioner of Budget,
Finance, and Management, Office of Security and Emergency Preparedness,
Office of Emergency Management, 6401 Security Boulevard, Baltimore,
Maryland 21235.
System Manager(s):
Social Security Administration, Deputy Commissioner of Budget,
Finance, and Management, Office of Security and Emergency Preparedness,
Office of Emergency Management, Workplace Violence Program Manager,
6301 Security Boulevard, 201 Supply Building, Baltimore, MD 21235,
[email protected].
Authority for Maintenance of the System:
Title VII of the Civil Rights Act of 1964; Congressional
Accountability Act of 1995; 29 U.S.C. 51, Occupational Safety and
Health Act of 1970; 29 CFR 1960, Basic Program Elements for Federal
Employee Occupational Safety and Health Programs and Related Matters;
41 CFR 102-74, Subpart C, Conduct on Federal Property; 5 CFR 735,
Employee Responsibilities and Conduct; 5 CFR 2635, Standards of Ethical
Conduct for Employees of the Executive Branch; and various other
statutes related to handling incidents of workplace and domestic
violence.
Purpose(s) of the System:
We will use the information in this system to record, review,
investigate, and respond to allegations of workplace and domestic
violence affecting our employees and contractors.
Categories of Individuals Covered by the System:
Individuals who are involved in alleged incidents of workplace and
domestic violence, who could be witnesses, alleged offenders, alleged
victims, or others involved in the alleged incident or incident
response. These individuals may include, but are not limited to, SSA
employees, contractors, and members of the public.
Categories of Records in the System:
This system maintains information collected or generated in
response to alleged incidents of workplace and domestic violence. The
information may include name and contact information of individuals
involved; facts and documentation related to alleged behaviors of
concern, such as protective orders and alleged offender photographs;
and additional documents and information related to assessing the risk
of violence and the agency's response and recommendations to mitigate
risks of violence.
Record Source Categories:
We obtain information in this system from current and former
employees and contractors; members of the public; other Federal, state,
and local agencies; private entities; and other agency sources, such as
the Identity Protection Program System, Identity Management System, and
the Safety Management Information System, to help respond to
allegations of workplace and domestic violence affecting our employees
and contractors.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
We will disclose records pursuant to the following routine uses,
however, we will not disclose any information defined as ``return or
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code,
unless authorized by statute, the Internal Revenue Service (IRS), or
IRS regulations.
1. To a congressional office in response to an inquiry from that
office made on behalf of, and at the request of, the subject of the
record or third party acting on the subject's behalf.
2. To the Office of the President in response to an inquiry from
that office made on behalf of, and at the request of, the subject of
the record or a third party acting on the subject's behalf.
3. To the National Archives and Records Administration (NARA) under
44 U.S.C. 2904 and 2906.
4. To appropriate agencies, entities, and persons when:
(a) SSA suspects or has confirmed that there has been a breach of
the system of records;
(b) SSA has determined that as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, SSA
(including its information systems, programs, and operations), the
Federal Government, or national security; and
(c) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connections with SSA's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
5. To another Federal agency or Federal entity, when SSA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(a) Responding to a suspected or confirmed breach; or
(b) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
6. To officials of labor organizations recognized under 5 U.S.C.
Chapter 71 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting conditions of employment or when representing an employee
regarding a domestic or workplace violence incident.
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7. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such court or 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
the litigation is likely to affect SSA or any of its components,
is a party to the 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 the tribunal is relevant and
necessary to the litigation, provided, however, that in each case, the
agency determines that disclosures of the records to DOJ, court or
other tribunal, or another party is a use of the information contained
in the records that is compatible with the purpose for which the
records were collected.
8. 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, 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 operations of SSA facilities.
9. To the Equal Employment Opportunity Commission (EEOC or
Commission) 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.
10. To OPM, the Merit Systems Protection Board, or the Office of
Special Counsel in connection with appeals, special studies, of the
civil service and other merit systems, review of rules and regulations,
investigations of alleged or possible prohibited practices, and other
such functions promulgated in 5 U.S.C. Chapter 12, or as may be
required by law.
11. To contractors and other Federal agencies, as necessary, for
the purpose of assisting SSA in the efficient administration of its
programs. We 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.
12. To student volunteers, individuals working under a personal
services contract, and other workers who technically do not have the
status of Federal employees when they are performing work for SSA, as
authorized by law, and they need access to personally identifiable
information (PII) in SSA records in order to perform their assigned
agency functions.
13. To any agency, person, or entity in the course of an
investigation to the extent necessary to obtain information pertinent
to the investigation.
Policies and Practices for Storage of Records in the System:
We will maintain records in this system in paper and electronic
form.
Policies and Practices for Retrieval of Records:
We will retrieve records by the names of reporters, witnesses,
alleged offenders, alleged victims, Crisis Advisory Team personnel, and
management officials involved in and responding to alleged incidents of
workplace and domestic violence.
Policies and Practices for Retention and Disposal of Records:
These records are currently unscheduled. We retain records in
accordance with NARA-approved records schedules. In accordance with
NARA rules codified at 36 CFR 1225.16, we maintain unscheduled records
until NARA approves an agency-specific records schedule or publishes a
corresponding General Records Schedule.
Administrative, Technical, and Physical Safeguards:
We retain electronic and paper files with personal identifiers in
secure storage areas accessible only by our authorized employees and
contractors who have a need for the information when performing their
official duties. Security measures include the use of codes and
profiles, personal identification number and password, and personal
identification verification cards. We keep paper records in locked
cabinets within secure areas, with access limited to only those
employees who have an official need for access in order to perform
their duties.
We annually provide our employees and contractors with appropriate
security awareness training that includes reminders about the need to
protect PII and the criminal penalties that apply to unauthorized
access to, or disclosure of, PII (e.g., 5 U.S.C. 552a(i)(1)).
Furthermore, employees and contractors with access to databases
maintaining PII must sign a sanctions document annually, acknowledging
their accountability for inappropriately accessing or disclosing such
information.
Record Access Procedures:
This system of records has been exempted from the Privacy Act's
access, contesting, and notification provisions as stated below.
However, individuals may submit requests for information about whether
this system contains a record about them by submitting a written
request to the system manager at the above address, which includes
their name, Social Security number (SSN), or other information that may
be in this system of records that will identify them. Individuals
requesting notification of, or access to, a record by mail must include
(1) a notarized statement to us to verify their identity or (2) must
certify in the request that they are the individual they claim to be
and that they understand that the knowing and willful request for, or
acquisition of, a record pertaining to another individual under false
pretenses is a criminal offense.
Individuals requesting notification of, or access to, records in
person must provide their name, SSN, or other information that may be
in this system of records that will identify them, as well as provide
an identity document, preferably with a photograph, such as a driver's
license. Individuals lacking identification documents sufficient to
establish their identity must certify in writing that they are the
individual they claim to be and that they understand 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 our regulations at 20 CFR
401.40 and 401.45.
Contesting Record Procedures:
Same as record access procedures. Individuals 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
incomplete, untimely, inaccurate, or irrelevant. These procedures are
in accordance with our regulations at 20 CFR 401.65(a).
Notification Procedures:
Same as record access procedures. These procedures are in
accordance
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with our regulations at 20 CFR 401.40 and 401.45.
Exemptions Promulgated for the System:
This system of records has been exempted from certain provisions of
the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c), and (e) and have been published in today's Federal Register.
History:
None.
[FR Doc. 2018-12818 Filed 6-13-18; 8:45 am]
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