Privacy Act of 1974; System of Records, 18104-18106 [2019-07444]

Agencies

• Social Security Administration

[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18104-18106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07444]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2019-0018]


Privacy Act of 1974; System of Records

AGENCY: Office of Program Law, Office of the General Counsel, Social 
Security Administration (SSA).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act and our disclosure 
regulations we are issuing public notice of our intent to establish a 
new system of records entitled, Program Litigation File System (60-
0278). This notice publishes details of the new system as set forth 
under the caption, SUPPLEMENTARY INFORMATION.

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 May 29, 2019. 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 May 29, 2019.

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, Social Security Administration, 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-2019-0018. All comments we receive will be 
available for public inspection at the above address and we will post 
them to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Marcia O. Midgett, Government 
Information Specialist, Privacy Implementation Division, Office of 
Privacy and Disclosure, Office of the General Counsel, Social Security 
Administration, Room G-401 West High Rise, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, telephone: (410) 966-3219, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 5.U.S.C. 5584 provides that a claim of the 
United States against a person arising out of an erroneous payment of 
pay or allowances, made on or after July 1, 1960, or arising out of an 
erroneous payment of travel, transportation or relocation expenses 
allowances, to an employee of the agency, may be waived in whole or in 
part by the authorized official, the head of the agency, and the 
Director of the Administrative Office of the United States Courts. The 
information we collect will enable the Office of the General Counsel to 
efficiently and effectively manage the records of benefit claim cases 
being litigated in court, to provide management information to the 
agency, and for research and statistical purposes.
    In accordance with 5 U.S.C. 552a(r), we have provided a report to 
OMB and Congress on this new system of records.

Mary Ann Zimmerman,
Acting Executive Director, Office of Privacy and Disclosure, Office of 
the General Counsel.
SYSTEM NAME AND NUMBER
    Program Litigation File System, 60-0278.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Social Security Administration, Office of the General Counsel, 
Office of Program Law, Room G-401 West High Rise, 6401 Security 
Boulevard, Baltimore, MD 21235; or Regional Chief Counsel offices in 
receipt of original

[[Page 18105]]

requests (See Appendix C--Regional Offices Addresses, 5. Regional Chief 
Counsel Addresses at https://www.ssa.gov/privacy/sorn/app_c.htm for 
address information).

SYSTEM MANAGER(S):
    Social Security Administration, Office of the General Counsel, 
Associate General Counsel for Program Law, Room G-401 West High Rise, 
6401 Security Boulevard, Baltimore, MD 21235, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The authorities for maintaining this system are the various 
statutes, regulations, rules, or orders pertaining to the subject 
matter of the litigation (e.g., the Social Security Act, 42 U.S.C. 
405(g) and 1383(c), 28 U.S.C. 1291, Waiver of Overpayment of Pay Act, 5 
U.S.C. 5584).

PURPOSE(S) OF THE SYSTEM:
    We will use this system to manage records involved in litigation 
related to challenges of the agency's policies and procedures, the 
constitutionality of provisions of the Social Security Act, and benefit 
determinations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains information about individuals who are 
involved in litigation with SSA (in matters within the jurisdiction of 
SSA) or with the United States as defendants in civil matters seeking 
Social Security Title II (Retirement, Survivors, Disability Insurance 
(RSDI)) payments, Title XVI (Supplemental Security Income (SSI)) 
payments and other types of relief in benefit determinations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of documents involved in court litigation 
related to the operation and administration of SSA's various programs 
under the Social Security Act, including but not limited to, litigation 
regarding RSDI and SSI payments, challenges of the agency's policies 
and procedures, and the constitutionality of provisions of the Social 
Security Act.

RECORD SOURCE CATEGORIES:
    We obtain information in this system from existing SSA records; 
legal pleadings, discovery, and other records exchanged between parties 
and their attorneys in litigation and pre-litigation; courts; State and 
local governments; other Federal agencies; and other individuals and 
entities with information relevant to cases involving SSA, its 
employees, the United States, or SSA records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 
Service 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 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 disclosure 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.
    4. 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.
    5. 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.
    6. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
    (a) to enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace, and the operation of SSA 
facilities; or
    (b) to assist in investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupt the operation of SSA facilities.
    7. To the National Archives and Records Administration (NARA) under 
44 U.S.C. 2904 and 2906.
    8. 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.
    9. 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.
    10. To provide status of information on pending litigation and to 
manage the litigation workload. Records will be used in communicating 
with, among others, Federal and State agencies, private individuals, 
private attorneys, the United States Attorney, and other Federal 
officials.
    11. To DOJ for the purpose of obtaining advice concerning 
disclosure of such information under the Freedom of Information Act 
(FOIA), 5 U.S.C. 552.
    12. To a private firm under contract with SSA for the purpose of 
having that firm convert the records to machine-readable form, or 
collate, analyze, aggregate or otherwise refine the

[[Page 18106]]

information in the records. The contractor will be required to maintain 
Privacy Act (PA) safeguards with respect to such records.
    13. To Federal, State, and local government agencies, private 
individuals, private attorneys, individual law enforcement officers, 
and other persons or entities with relevant information for the purpose 
of investigating, settling, or adjudicating claims of violation of law 
by SSA or its employees and assisting with a subsequent litigation.
    14. To private attorneys or union representatives, prior to formal 
litigation proceedings, when SSA determines that due process requires 
disclosure.
    15. To disclose information to officials of labor organizations 
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to 
their duties or exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    16. To an appropriate licensing organization or Bar association 
responsible for investigating, prosecuting, enforcing or implementing 
standards for maintaining a professional licensing or Bar membership, 
if SSA becomes aware of a violation or potentional violation of 
professional licensing or Bar association standards or to respond to 
inquiries or actions from such association about SSA employee conduct.
    17. To the Office of Personnel Management, Merit Systems Protection 
Board, or the Office of Special Consel 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 
personnel practices, and other such functions promulgated in 5 U.S.C. 
Chapter 12, or as may be required by law.
    18. To the Equal Employment Opportunity Commision 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 Uniformed 
Guidelines on Employee Selection Procedures, or other functions vested 
in the Commission.
    19. To disclose information to the Federal Labor Relations 
Authority (including its General Counsel) when requested in connection 
with investigation and resolution of allegations of unfair labor 
practices, in connection with the resolution of exceptions to 
arbitrator's awards when a question of material fact is raised, to 
investigate representation petitions and to conduct or supervise 
representation elections, and in connection with matters before the 
Federal Services Impasses Panel.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    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 court docket number and the names 
of the parties.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with NARA rules codified at 36 CFR 1225.16, we 
maintain the program law litigation records in accordance with the 
approved NARA Agency-Specific Records Schedule N1-047-10-04. Periods of 
retention vary depending on the type of litigation record. See N1-047-
10-04. The Office of the General Counsel reserves the right to retain 
for an indefinite period certain records that, in the judgement of that 
office are of precedential value.

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, but are not limited to, 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 (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:
    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, 
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 with our regulations at 20 CFR 401.40 and 401.45.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2019-07444 Filed 4-26-19; 8:45 am]
 BILLING CODE P