[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Rules and Regulations]
[Pages 63415-63416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26594]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 401

[Docket No. SSA-2015-0003]
RIN 0960-AI08


Social Security Administration Violence Evaluation and Reporting 
System

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are issuing a final rule to exempt a system of records 
entitled Social Security Administration Violence Evaluation and 
Reporting System (SSAvers) from certain provisions of the Privacy Act 
because this system will contain investigatory material compiled for 
law enforcement purposes.

DATES: This rule is effective January 9, 2019.

FOR FURTHER INFORMATION CONTACT: Pamela J. Carcirieri, Supervisory 
Government Information Specialist, SSA, Office of Privacy and 
Disclosure, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
Phone: (410) 965-0355, for information about this rule. For information 
on eligibility or filing for benefits, call our national toll-free 
number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our internet 
site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On June 14, 2018, we published a Notice of Proposed Rulemaking 
(NPRM) \1\ in the Federal Register in which we proposed to add SSAvers 
to the list of SSA systems that are exempt from specific provisions of 
the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). As part of our 
Workplace and Domestic Violence policy and program, SSAvers houses 
information regarding alleged incidents of workplace and domestic 
violence filed by SSA employees and contractors. It also provides a 
centralized means for us to review and respond to the reported 
allegations.
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    \1\ 83 FR 27728.
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    This final rule adds SSAvers to the list of SSA systems that are 
exempt from specific provisions of the Privacy Act due to the 
investigatory nature of information that is maintained in this system.

Public Comments and Discussion

    In the NPRM, we provided a 30-day comment period, which ended on 
July 16, 2018. We received four comments.\2\ We opted not to post one 
of these comments because it was submitted by a former SSA employee and 
it contained sensitive information. The remaining comments were 
submitted by members of the public.
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    \2\ The posted public comments are viewable at https://www.regulations.gov/docket?D=SSA-2015-0003.
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    The first commenter indicated that he or she did not understand the 
comment and review. While we regret that this commenter did not 
understand the proposal, we did not consider this comment further when 
determining to adopt this as a final rule.
    The second commenter agreed with the new system of records and said 
it is imperative to have a system, like SSAvers, which will help review 
and investigate allegations of workplace or domestic violence. She said 
it would be convenient to make a reporting system that is easy to 
access and that removes the burden of the long process of reporting an 
occurrence.
    The third commenter objected to our proposal, because, in the 
commenter's opinion, the proposal is against public policy and defeats 
the purpose of the Privacy Act and the Freedom of Information Act 
(FOIA). The commenter said that by making results of investigations 
inaccessible, it is impossible to know whether the perpetrators of 
workplace and domestic violence are held accountable. The commenter 
wrote that by denying everyone access to the information obtained from 
these investigations, SSA places the cost and burden of conducting the 
same investigation on others, especially the victims who have a special 
interest in knowing that the perpetrators of the violence are held 
accountable.
    We carefully considered this comment and the objections presented. 
In response, we want to emphasize that SSAvers contains information we 
collect about not just alleged victims of workplace violence, but any 
employees, contractors, and members of the public who are witnesses of, 
involved in responding to, or allegedly involved in workplace and 
domestic violence affecting our employees and contractors. This highly 
sensitive information may include the name and contact information of 
individuals involved; personal information related to alleged behaviors 
of concern and assessing the risk of violence; and our response and 
recommendations to mitigate risks of violence. Due to the investigatory 
and sensitive nature of the content contained in this system, we 
continue to believe that exempting this system of records from certain 
provisions of the Privacy Act based on 5 U.S.C. 552a(k)(2) is 
appropriate.
    Further, we want to clarify that, under the Privacy Act, an 
individual may request notification of or access to a record in this 
system, even though SSAvers is listed as an exempt system. We may still 
grant notification of and access to information contained in a record 
in an exempt system when the privacy of third parties would not be 
compromised by such action. In addition, an individual may still 
request these records under the FOIA, and SSA would release the records 
as required by law.
    After carefully considering the public comments, we are adopting 
this final rule.

[[Page 63416]]

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
it.
    We also determined that this final rule meets the plain language 
requirement of Executive Order 12866.

Executive Order 13132 (Federalism)

    We analyzed this rule in accordance with the principles and 
criteria established by Executive Order 13132, and we determined that 
the rule will not have sufficient Federalism implications to warrant 
the preparation of a Federalism assessment. We also determined that 
this rule will not preempt any State law or State regulation or affect 
the States' abilities to discharge traditional State governmental 
functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations effectuating Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this rule.

Regulatory Flexibility Act

    We certify that this rule will not have a significant economic 
impact on a substantial number of small entities because it affects 
individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

E.O. 13771

    This rule is not subject to the requirements of Executive Order 
13771 because it is administrative in nature and results in no more 
than de minimis costs.

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require OMB approval under the 
Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; 96.004, Social Security--Survivors Insurance; and 96.006, 
Supplemental Security Income).

List of Subjects in 20 CFR Part 401

    Administrative practice and procedure, Privacy.

Nancy A. Berryhill,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we amend part 401 of title 
20 of the Code of Federal Regulations as set forth below:

PART 401--PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND 
INFORMATION

0
1. The authority citation for part 401 continues to read as follows:

    Authority:  Secs. 205, 702(a)(5), 1106, and 1141 of the Social 
Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 
U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.


0
2. Amend Sec.  401.85 by adding paragraph (b)(2)(ii)(G) to read as 
follows:


Sec.  401.85   Exempt systems.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (G) Social Security Administration Violence Evaluation and 
Reporting System, SSA.
* * * * *
[FR Doc. 2018-26594 Filed 12-7-18; 8:45 am]
 BILLING CODE 4191-02-P