[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 http://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 http://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.

[[Page 27818]]

    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]
 BILLING CODE P