83 FR 27728 - Social Security Administration Violence Evaluation and Reporting System

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 115 (June 14, 2018)

In today's Federal Register, the Social Security Administration (SSA) separately published, notice of a new system of records, Social Security Administration Violence Evaluation and Reporting System (SSAvers). Because this system will contain investigatory material compiled for law enforcement purposes, this proposed rule will exempt those records from specific provisions of the Privacy Act.

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27728-27730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12819]


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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: Notice of proposed rulemaking.

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SUMMARY: In today's Federal Register, the Social Security 
Administration (SSA) separately published, notice of a new system of 
records, Social Security Administration Violence Evaluation and 
Reporting System (SSAvers). Because this system will contain 
investigatory material compiled for law enforcement purposes, this 
proposed rule will exempt those records from specific provisions of the 
Privacy Act.

DATES: To ensure that your comments are considered, we must receive 
them no later than July 16, 2018.

ADDRESSES: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2015-0003, so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the internet. Please visit the Federal eRulemaking portal at http:/
/

[[Page 27729]]

www.regulations.gov. Use the Search function to find docket number SSA-
2015-0003. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

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

    In accordance with the Privacy Act (5 U.S.C. 552a), 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). On April 18, 2012, President 
Obama issued the memorandum, Establishing Policies for Addressing 
Domestic Violence in the Federal Workforce, which directed the Office 
of Personnel Management to issue guidance to all departments and 
agencies to create policy that addressed domestic violence, sexual 
assault, and stalking. Because of this guidance, we developed the 
Workplace and Domestic Violence policy and program. We established 
SSAvers as part of this policy and program to record, review, 
investigate, and respond to allegations of workplace and domestic 
violence affecting our employees and contractors.
    We are establishing SSAvers as part of our compliance efforts under 
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.
    SSAvers will capture and house information regarding alleged 
incidents of workplace and domestic violence filed by SSA employees and 
SSA contractors, and will allow SSA's Crisis Advisory Team (CAT) to 
review and respond to the reported allegations. Due to the 
investigatory nature of information that we will maintain in this 
system of records, we propose this rule 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).

Rulemaking Analyses and Notices

    We will consider all comments received on or before the close of 
business on the comment closing date previously indicated, and we will 
make the comments available for examination in the docket at the 
previously noted address. We will file comments received after the 
comment closing date in the docket, and we will consider them to the 
extent practicable. We may publish a final rule at any time after close 
of the comment period.
Clarity of This Rule
    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this interim final rule, we invite your 
comments on how to make the rule easier to understand.
    For example:
     Would more, but shorter, sections be better?
     Are the requirements in the rule clearly stated?
     Have we organized the material to suit your needs?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format make the rule easier to 
understand, e.g. grouping and order of sections, use of headings, 
paragraphing?
Regulatory Procedures
    SSA will publish a final rule responding to any comments received 
and, if appropriate, will amend provisions of the rule.
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 proposed rule in accordance with the principles 
and criteria established by Executive Order 13132, and we determined 
that the proposed rule will not have sufficient Federalism implications 
to warrant the preparation of a Federalism assessment. We also 
determined that this proposed 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 proposed rule.
Regulatory Flexibility Act
    We certify that this proposed 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.
Paperwork Reduction Act
    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

List of Subjects in 20 CFR Part 401

    Administrative practice and procedure, Privacy.

Nancy Berryhill,
Acting Commissioner of Social Security.

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

[[Page 27730]]

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:
* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (G) Social Security Administration Violence Evaluation and 
Reporting System, SSA.
* * * * *
[FR Doc. 2018-12819 Filed 6-13-18; 8:45 am]
 BILLING CODE 4191-02-P