83_FR_38598 83 FR 38447 - Privacy Act of 1974; System of Records

83 FR 38447 - Privacy Act of 1974; System of Records

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 151 (August 6, 2018)

Page Range38447-38450
FR Document2018-16692

In accordance with the Privacy Act, we are issuing public notice of our intent to establish a new system of records entitled, General Law Litigation Files (60-0272). This notice publishes details of the new system as set forth under the caption, SUPPLEMENTARY INFORMATION.

Federal Register, Volume 83 Issue 151 (Monday, August 6, 2018)
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Pages 38447-38450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16692]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2018-0046]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a new system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act, we are issuing public 
notice of our intent to establish a new system of records entitled, 
General Law Litigation Files (60-0272). 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 September 5, 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 September 5, 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-2018-0046. All comments we receive will be 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: We are establishing the General Law 
Litigation Files to cover information we collect about individuals 
(including but not

[[Page 38448]]

limited to SSA employees, attorneys, witnesses, plaintiffs, defendants, 
or third parties) who are or who SSA reasonably anticipates may be 
involved in civil and criminal litigation or administrative proceedings 
that involve SSA, the United States, or SSA records. This collection 
will allow us to represent SSA in litigation, prepare for reasonably 
anticipated litigation, or respond to litigation requests from SSA 
employee testimony or records.
    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 30, 2018.
Mary Ann Zimmerman,
Acting Executive Director, Office of Privacy and Disclosure, Office of 
the General Counsel.
SYSTEM NAME AND NUMBER
    General Law Litigation Files, 60-0272.

SEURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Social Security Administration, Office of the General Counsel, 6401 
Security Boulevard, Room 617 Altmeyer Building, Baltimore, Maryland 
21235; or Regional Chief Counsel offices in receipt of original 
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, 6401 
Security Boulevard, Room 617 Altmeyer Building, Baltimore, MD 21235, 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 702 of the Social Security Act; 5 U.S.C. 552a; 5 U.S.C. 
552; 20 CFR part 403; and various other statutes providing for a right 
of action by or against SSA or the United States.

PURPOSE(S) OF THE SYSTEM:
    We will use the information in this system to represent SSA in 
litigation, prepare for reasonably anticipated litigation, or respond 
to litigation requests for SSA employee testimony or records.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are or who SSA reasonably anticipates may be 
involved in civil and criminal litigation, or administrative 
proceedings, that involve SSA, its employees, the United States, or SSA 
records, including but not limited to SSA employees, attorneys, 
witnesses, plaintiffs, defendants, or third parties involved in such 
litigation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains information collected or generated in 
response to, or in anticipation of, civil and criminal litigation, or 
administrative proceedings, which may include: Social Security number 
(SSN), if applicable; contact information; information pertaining to 
the subject matter of litigation, complaints, answers, motions, briefs, 
orders, decisions, correspondence, exhibits, discovery, legal research, 
hearing and deposition transcripts, communications with the Department 
of Justice (DOJ), and medical records, such as evaluations by 
physicians in cases where personal injury or alleged disabling 
conditions are involved.

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 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 
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 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 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 subsequent litigation.
    6. To private attorneys or union representatives, prior to formal 
litigation proceedings, when SSA determines that due process requires 
disclosure.
    7. To disclose information 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 working conditions.
    8. 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.
    9. 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.

[[Page 38449]]

    10. To the National Archives and Records Administration (NARA) 
under 44 U.S.C. 2904 and 2906.
    11. 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.
    12. 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.
    13. 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 potential violation of 
professional licensing or Bar association standards or to respond to 
inquiries or actions from such association about SSA employee conduct.
    14. To the Office of Personnel Management, 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 
personnel practices, and other such functions promulgated in 5 U.S.C. 
Chapter 12, or as may be required by law.
    15. To the Equal Employment Opportunity 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 
Uniformed Guidelines on Employee Selection Procedures, or other 
functions vested in the Commission.
    16. 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 RETRIEVABILITY OF RECORDS:
    We will retrieve records by the case name, party names, case 
number, or names of individuals reasonably anticipated to be involved 
in litigation.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with NARA rules codified at 36 CFR 1225.16, we 
maintain the general law litigation records in accordance with the 
approved NARA Agency-Specific Records Schedule N1-047-10-004. Periods 
of retention vary depending on the type of litigation record. See 
http://www.archives.gov/records-mgmt/rcs/schedules/independent-agencies/rg-0047/n1-047-10-004_sf115.pdf. The Office of the General 
Counsel reserves the right to retain for an indefinite period certain 
records that, in the judgment 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.

[[Page 38450]]

HISTORY:
    None.

[FR Doc. 2018-16692 Filed 8-3-18; 8:45 am]
 BILLING CODE P



                                                                                        Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices                                                             38447

                                                  13. Notification of a Social Security                                  individual’s SSN to an employer.                               information. The majority of individuals
                                                Number (SSN) To An Employer for                                          Mailing this information to the                                who take advantage of this option are in
                                                Wage Reporting—20 CFR 422.103(a)—                                        employer: (1) Ensures the employer has                         the United States with exchange visitor
                                                0960–0778. Individuals applying for                                      the correct SSN for the individual; (2)                        and student visas; however, we allow
                                                employment must provide a Social                                         allows SSA to receive correct earnings                         any applicant for an SSN to use the
                                                Security Number, or indicate they have                                   information for wage reporting                                 SSA–132. The respondents are
                                                applied for one. However, when an                                        purposes; and (3) reduces the delay in                         individuals applying for an initial SSN
                                                individual applies for an initial SSN,                                   the initial SSN assignment and delivery                        who ask SSA to mail confirmation of
                                                there is a delay between the assignment                                  of the SSN information directly to the                         their application or the SSN to their
                                                of the number and the delivery of the                                    employer. It also enables SSA to verify                        employers.
                                                SSN card. At an individual’s request,                                    the employer as a safeguard for the                              Type of Request: Revision of an OMB-
                                                SSA uses Form SSA–132 to send the                                        applicant’s personally identifiable                            approved information collection.

                                                                                                                                                                                                            Average     Estimated
                                                                                                                                                                      Number of         Frequency         burden per   total annual
                                                                                        Modality of completion                                                       respondents       of response         response       burden
                                                                                                                                                                                                           (minutes)      (hours)

                                                SSA–132 ..........................................................................................................     326,000              1                 2          10,867



                                                  14. Social Security Administration                                     upgrade their health IT systems and                            of health information they possess; and
                                                Health IT Partner Program                                                products to meet adopted standards and                         (2) the content value of their electronic
                                                Assessment—Participating Facilities                                      implementation specifications. To                              health records’ systems for our
                                                and Available Content Form—20 CFR                                        support expansion of SSA’s health IT                           disability adjudication processes. SSA
                                                404.1614 and 416.1014—0960–0798.                                         initiative as defined under HITECH,                            reviews the completeness of
                                                The Health Information Technology for                                    SSA developed Form SSA–680, the                                organizations’ SSA–680 responses as
                                                Economic and Clinical Health (HITECH)                                    Health IT Partner Program                                      one part of our careful analysis of their
                                                Act promotes the adoption and                                            Assessment—participating Facilities                            readiness to enter into a health IT
                                                meaningful use of health information                                     and Available Content Form. The SSA–                           partnership with us. The respondents
                                                technology (IT), particularly in the                                     680 allows healthcare providers to
                                                                                                                                                                                        are healthcare providers and
                                                context of working with government                                       provide the information SSA needs to
                                                                                                                                                                                        organizations exchanging information
                                                agencies. Similarly, section 3004 of the                                 determine their ability to exchange
                                                                                                                                                                                        with the agency.
                                                Public Health Service Act requires                                       health information with us
                                                health care providers or health                                          electronically. We evaluate potential                            Type of Request: Revision of an OMB-
                                                insurance issuers with government                                        partners (i.e., healthcare providers and                       approved information collection.
                                                contracts to implement, acquire, or                                      organizations) on: (1) The accessibility

                                                                                                                                                                                                            Average     Estimated
                                                                                                                                                                      Number of         Frequency         burden per   total annual
                                                                                        Modality of completion                                                       respondents       of response         response       burden
                                                                                                                                                                                                           (minutes)      (hours)

                                                SSA–680 ..........................................................................................................         30               1                 5            150



                                                  Date: August 1, 2018.                                                  publishes details of the new system as                         Rise, 6401 Security Boulevard,
                                                Faye Lipsky,                                                             set forth under the caption,                                   Baltimore, Maryland 21235–6401, or
                                                Reports Clearance Director, Social Security                              SUPPLEMENTARY INFORMATION.                                     through the Federal e-Rulemaking Portal
                                                Administration.                                                          DATES: The system of records notice                            at http://www.regulations.gov, please
                                                [FR Doc. 2018–16727 Filed 8–3–18; 8:45 am]                               (SORN) is applicable upon its                                  reference docket number SSA–2018–
                                                BILLING CODE 4191–02–P                                                   publication in today’s Federal Register,                       0046. All comments we receive will be
                                                                                                                         with the exception of the routine uses,                        available for public inspection at the
                                                                                                                         which are effective September 5, 2018.                         above address and we will post them to
                                                SOCIAL SECURITY ADMINISTRATION                                           We invite public comment on the                                http://www.regulations.gov.
                                                [Docket No. SSA–2018–0046]                                               routine uses or other aspects of this                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                         SORN. In accordance with 5 U.S.C.                              Navdeep Sarai, Government Information
                                                Privacy Act of 1974; System of                                           552a(e)(4) and (e)(11), the public is                          Specialist, Privacy Implementation
                                                Records                                                                  given a 30-day period in which to                              Division, Office of Privacy and
                                                                                                                         submit comments. Therefore, please                             Disclosure, Office of the General
                                                AGENCY:  Office of the General Counsel,
                                                                                                                         submit any comments by September 5,                            Counsel, SSA, Room G–401 West High
                                                Social Security Administration (SSA).
                                                                                                                         2018.                                                          Rise, 6401 Security Boulevard,
sradovich on DSK3GMQ082PROD with NOTICES




                                                ACTION: Notice of a new system of                                                                                                       Baltimore, Maryland 21235–6401,
                                                records.                                                                 ADDRESSES: The public, Office of
                                                                                                                         Management and Budget (OMB), and                               telephone: (410) 965–2997, email:
                                                SUMMARY:   In accordance with the                                        Congress may comment on this                                   Navdeep.Sarai@ssa.gov.
                                                Privacy Act, we are issuing public                                       publication by writing to the Executive                        SUPPLEMENTARY INFORMATION: We are
                                                notice of our intent to establish a new                                  Director, Office of Privacy and                                establishing the General Law Litigation
                                                system of records entitled, General Law                                  Disclosure, Office of the General                              Files to cover information we collect
                                                Litigation Files (60–0272). This notice                                  Counsel, SSA, Room G–401 West High                             about individuals (including but not


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                                                38448                         Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices

                                                limited to SSA employees, attorneys,                    witnesses, plaintiffs, defendants, or                 litigation is likely to affect SSA or any
                                                witnesses, plaintiffs, defendants, or                   third parties involved in such litigation.            of its components, is a party to the
                                                third parties) who are or who SSA                                                                             litigation or has an interest in such
                                                                                                        CATEGORIES OF RECORDS IN THE SYSTEM:
                                                reasonably anticipates may be involved                                                                        litigation, and SSA determines that the
                                                in civil and criminal litigation or                        This system maintains information                  use of such records by DOJ, a court or
                                                administrative proceedings that involve                 collected or generated in response to, or             other tribunal, or another party before
                                                SSA, the United States, or SSA records.                 in anticipation of, civil and criminal                the tribunal is relevant and necessary to
                                                This collection will allow us to                        litigation, or administrative                         the litigation, provided, however, that in
                                                represent SSA in litigation, prepare for                proceedings, which may include: Social                each case, the agency determines that
                                                reasonably anticipated litigation, or                   Security number (SSN), if applicable;                 disclosure of the records to DOJ, court
                                                respond to litigation requests from SSA                 contact information; information                      or other tribunal, or another party is a
                                                employee testimony or records.                          pertaining to the subject matter of                   use of the information contained in the
                                                  In accordance with 5 U.S.C. 552a(r),                  litigation, complaints, answers, motions,             records that is compatible with the
                                                we have provided a report to OMB and                    briefs, orders, decisions,                            purpose for which the records were
                                                Congress on this new system of records.                 correspondence, exhibits, discovery,                  collected.
                                                                                                        legal research, hearing and deposition                   4. To contractors and other Federal
                                                  Dated: May 30, 2018.
                                                                                                        transcripts, communications with the                  agencies, as necessary, for the purpose
                                                Mary Ann Zimmerman,                                     Department of Justice (DOJ), and                      of assisting SSA in the efficient
                                                Acting Executive Director, Office of Privacy            medical records, such as evaluations by               administration of its programs. We will
                                                and Disclosure, Office of the General Counsel.          physicians in cases where personal                    disclose information under this routine
                                                SYSTEM NAME AND NUMBER                                  injury or alleged disabling conditions                use only in situations in which SSA
                                                                                                        are involved.                                         may enter into a contractual or similar
                                                  General Law Litigation Files, 60–
                                                                                                        RECORD SOURCE CATEGORIES:
                                                                                                                                                              agreement with a third party to assist in
                                                0272.
                                                                                                                                                              accomplishing an agency function
                                                                                                           We obtain information in this system
                                                SEURITY CLASSIFICATION:                                                                                       relating to this system of records.
                                                                                                        from existing SSA records; legal                         5. To Federal, State and local
                                                   Unclassified.                                        pleadings, discovery, and other records               government agencies, private
                                                SYSTEM LOCATION:                                        exchanged between parties and their                   individuals, private attorneys,
                                                  Social Security Administration, Office                attorneys in litigation and pre-litigation;           individual law enforcement officers,
                                                of the General Counsel, 6401 Security                   courts; State and local governments;                  and other persons or entities with
                                                Boulevard, Room 617 Altmeyer                            other Federal agencies; and other                     relevant information for the purpose of
                                                Building, Baltimore, Maryland 21235; or                 individuals and entities with                         investigating, settling, or adjudicating
                                                Regional Chief Counsel offices in receipt               information relevant to cases involving               claims of violation of law by SSA or its
                                                of original requests (See Appendix C—                   SSA, its employees, the United States,                employees and assisting with
                                                Regional Offices Addresses, 5. Regional                 or SSA records.                                       subsequent litigation.
                                                Chief Counsel Addresses at https://                     ROUTINE USES OF RECORDS MAINTAINED IN THE                6. To private attorneys or union
                                                www.ssa.gov/privacy/sorn/app_c.htm                      SYSTEM, INCLUDING CATEGORIES OF USERS AND             representatives, prior to formal litigation
                                                for address information).                               THE PURPOSES OF SUCH USES:                            proceedings, when SSA determines that
                                                                                                           We will disclose records pursuant to               due process requires disclosure.
                                                SYSTEM MANAGER(S):
                                                                                                        the following routine uses, however, we                  7. To disclose information to officials
                                                  Social Security Administration, Office                                                                      of labor organizations recognized under
                                                                                                        will not disclose any information
                                                of the General Counsel, 6401 Security                                                                         5 U.S.C. chapter 71 when relevant and
                                                                                                        defined as ‘‘return or return
                                                Boulevard, Room 617 Altmeyer                                                                                  necessary to their duties of exclusive
                                                                                                        information’’ under 26 U.S.C. 6103 of
                                                Building, Baltimore, MD 21235,                                                                                representation concerning personnel
                                                                                                        the Internal Revenue Service Code,
                                                OGC.OGL.Correspondence@ssa.gov.                                                                               policies, practices, and matters affecting
                                                                                                        unless authorized by statute, the
                                                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                Internal Revenue Service (IRS), or IRS                working conditions.
                                                                                                        regulations.                                             8. To student volunteers, individuals
                                                  Section 702 of the Social Security Act;
                                                                                                           1. To a congressional office in                    working under a personal services
                                                5 U.S.C. 552a; 5 U.S.C. 552; 20 CFR part
                                                                                                        response to an inquiry from that office               contract, and other workers who
                                                403; and various other statutes
                                                                                                        made on behalf of, and at the request of,             technically do not have the status of
                                                providing for a right of action by or
                                                                                                        the subject of the record or third party              Federal employees, when they are
                                                against SSA or the United States.
                                                                                                        acting on the subject’s behalf.                       performing work for SSA, as authorized
                                                PURPOSE(S) OF THE SYSTEM:                                  2. To the Office of the President in               by law, and they need access to
                                                   We will use the information in this                  response to an inquiry from that office               personally identifiable information (PII)
                                                system to represent SSA in litigation,                  made on behalf of, and at the request of,             in SSA records in order to perform their
                                                prepare for reasonably anticipated                      the subject of the record or a third party            assigned agency functions.
                                                litigation, or respond to litigation                    acting on the subject’s behalf.                          9. To Federal, State and local law
                                                requests for SSA employee testimony or                     3. To the DOJ, a court or other                    enforcement agencies and private
                                                records.                                                tribunal, or another party before such                security contractors, as appropriate,
                                                                                                        court or tribunal, when:                              information necessary:
                                                CATEGORIES OF INDIVIDUALS COVERED BY THE                   (a) SSA, or any component thereof; or                 (a) To enable them to protect the
                                                SYSTEM:
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           (b) any SSA employee in his/her                    safety of SSA employees and customers,
                                                  Individuals who are or who SSA                        official capacity; or:                                the security of the SSA workplace, and
                                                reasonably anticipates may be involved                     (c) any SSA employee in his/her                    the operation of SSA facilities, or
                                                in civil and criminal litigation, or                    individual capacity where DOJ (or SSA                    (b) to assist in investigations or
                                                administrative proceedings, that involve                where it is authorized to do so) has                  prosecutions with respect to activities
                                                SSA, its employees, the United States,                  agreed to represent the employee; or                  that affect such safety and security or
                                                or SSA records, including but not                          (d) the United States or any agency                activities that disrupt the operation of
                                                limited to SSA employees, attorneys,                    thereof where SSA determines the                      SSA facilities.


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                                                                              Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices                                            38449

                                                   10. To the National Archives and                     Selection Procedures, or other functions              disclosure of, PII (5 U.S.C. 552a(i)(1)).
                                                Records Administration (NARA) under                     vested in the Commission.                             Furthermore, employees and contractors
                                                44 U.S.C. 2904 and 2906.                                   16. To disclose information to the                 with access to databases maintaining PII
                                                   11. To appropriate agencies, entities,               Federal Labor Relations Authority                     must sign a sanctions document
                                                and persons when:                                       (including its General Counsel) when                  annually, acknowledging their
                                                   (a) SSA suspects or has confirmed                    requested in connection with                          accountability for inappropriately
                                                that there has been a breach of the                     investigation and resolution of                       accessing or disclosing such
                                                system of records;                                      allegations of unfair labor practices, in             information.
                                                   (b) SSA has determined that as a                     connection with the resolution of
                                                result of the suspected or confirmed                                                                          RECORD ACCESS PROCEDURES:
                                                                                                        exceptions to arbitrator’s awards when a
                                                breach, there is a risk of harm to                      question of material fact is raised, to                  Individuals may submit requests for
                                                individuals, SSA (including its                         investigate representation petitions and              information about whether this system
                                                information systems, programs, and                      to conduct or supervise representation                contains a record about them by
                                                operations), the Federal Government, or                 elections, and in connection with                     submitting a written request to the
                                                national security; and                                  matters before the Federal Services                   system manager at the above address,
                                                   (c) the disclosure made to such                      Impasses Panel.                                       which includes their name, SSN, or
                                                agencies, entities, and persons is                                                                            other information that may be in this
                                                reasonably necessary to assist in                       POLICIES AND PRACTICES FOR STORAGE OF                 system of records that will identify
                                                connections with SSA’s efforts to                       RECORDS:                                              them. Individuals requesting
                                                respond to the suspected or confirmed                     We will maintain records in this                    notification of, or access to, a record by
                                                breach or to prevent, minimize, or                      system in paper and electronic form.                  mail must include (1) a notarized
                                                remedy such harm.                                                                                             statement to us to verify their identity
                                                                                                        POLICIES AND PRACTICES FOR RETRIEVABILITY
                                                   12. To another Federal agency or                                                                           or (2) must certify in the request that
                                                                                                        OF RECORDS:
                                                Federal entity, when SSA determines                                                                           they are the individual they claim to be
                                                                                                          We will retrieve records by the case                and that they understand that the
                                                that information from this system of
                                                                                                        name, party names, case number, or                    knowing and willful request for, or
                                                records is reasonably necessary to assist
                                                                                                        names of individuals reasonably                       acquisition of, a record pertaining to
                                                the recipient agency or entity in:
                                                   (a) Responding to a suspected or                     anticipated to be involved in litigation.             another individual under false pretenses
                                                confirmed breach; or                                    POLICIES AND PRACTICES FOR RETENTION AND              is a criminal offense.
                                                   (b) preventing, minimizing, or                       DISPOSAL OF RECORDS:                                     Individuals requesting notification of,
                                                remedying the risk of harm to                             In accordance with NARA rules                       or access to, records in person must
                                                individuals, the recipient agency or                    codified at 36 CFR 1225.16, we maintain               provide their name, SSN, or other
                                                entity (including its information                       the general law litigation records in                 information that may be in this system
                                                systems, programs, and operations), the                 accordance with the approved NARA                     of records that will identify them, as
                                                Federal Government, or national                         Agency-Specific Records Schedule N1–                  well as provide an identity document,
                                                security, resulting from a suspected or                 047–10–004. Periods of retention vary                 preferably with a photograph, such as a
                                                confirmed breach.                                       depending on the type of litigation                   driver’s license. Individuals lacking
                                                   13. To an appropriate licensing                      record. See http://www.archives.gov/                  identification documents sufficient to
                                                organization or Bar association                         records-mgmt/rcs/schedules/                           establish their identity must certify in
                                                responsible for investigating,                          independent-agencies/rg-0047/n1-047-                  writing that they are the individual they
                                                prosecuting, enforcing or implementing                  10-004_sf115.pdf. The Office of the                   claim to be and that they understand
                                                standards for maintaining a professional                General Counsel reserves the right to                 that the knowing and willful request for,
                                                licensing or Bar membership, if SSA                     retain for an indefinite period certain               or acquisition of, a record pertaining to
                                                becomes aware of a violation or                         records that, in the judgment of that                 another individual under false pretenses
                                                potential violation of professional                     office are of precedential value.                     is a criminal offense.
                                                licensing or Bar association standards or                                                                        These procedures are in accordance
                                                to respond to inquiries or actions from                 ADMINISTRATIVE, TECHNICAL, AND PHYSICAL               with our regulations at 20 CFR 401.40
                                                such association about SSA employee                     SAFEGUARDS:                                           and 401.45.
                                                conduct.                                                  We retain electronic and paper files
                                                                                                                                                              CONTESTING RECORD PROCEDURES:
                                                   14. To the Office of Personnel                       with personal identifiers in secure
                                                Management, Merit Systems Protection                    storage areas accessible only by our                    Same as record access procedures.
                                                Board, or the Office of Special Counsel                 authorized employees and contractors                  Individuals should also reasonably
                                                in connection with appeals, special                     who have a need for the information                   identify the record, specify the
                                                studies of the civil service and other                  when performing their official duties.                information they are contesting, and
                                                merit systems, review of rules and                      Security measures include, but are not                state the corrective action sought and
                                                regulations, investigations of alleged or               limited to, the use of codes and profiles,            the reasons for the correction with
                                                possible prohibited personnel practices,                personal identification number and                    supporting justification showing how
                                                and other such functions promulgated                    password, and personal identification                 the record is incomplete, untimely,
                                                in 5 U.S.C. Chapter 12, or as may be                    verification cards. We keep paper                     inaccurate, or irrelevant. These
                                                required by law.                                        records in locked cabinets within secure              procedures are in accordance with our
                                                   15. To the Equal Employment                          areas, with access limited to only those              regulations at 20 CFR 401.65(a).
                                                Opportunity Commission when
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                                                                                                        employees who have an official need for               NOTIFICATION PROCEDURES:
                                                requested in connection with                            access in order to perform their duties.                Same as record access procedures.
                                                investigations into alleged or possible                   We annually provide our employees                   These procedures are in accordance
                                                discriminatory practices in the Federal                 and contractors with appropriate                      with our regulations at 20 CFR 401.40
                                                sector, examination of Federal                          security awareness training that                      and 401.45.
                                                affirmative employment programs,                        includes reminders about the need to
                                                compliance by Federal agencies with                     protect PII and the criminal penalties                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                Uniformed Guidelines on Employee                        that apply to unauthorized access to, or                None.


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                                                38450                         Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices

                                                HISTORY:                                                DEPARTMENT OF STATE                                   commercial motor vehicle (CMV)
                                                   None.                                                                                                      beverage trucks. FMCSA requests public
                                                                                                        [Delegation of Authority No. 448]
                                                                                                                                                              comment on Allied’s application for
                                                [FR Doc. 2018–16692 Filed 8–3–18; 8:45 am]
                                                                                                        Delegation of Authority To Concur                     exemption.
                                                BILLING CODE P
                                                                                                        With Department of Defense                            DATES: Comments must be received on
                                                                                                        Humanitarian and Civic Assistance                     or before September 5, 2018.
                                                                                                        Activities
                                                                                                                                                              ADDRESSES:   You may submit comments
                                                DEPARTMENT OF STATE                                        By virtue of the authority vested in               identified by Federal Docket
                                                                                                        the Secretary of State by the laws of the             Management System Number FMCSA–
                                                [Public Notice: 10488]                                  United States, including section 1 of the             2018–0182 by any of the following
                                                                                                        State Department Basic Authorities Act,               methods:
                                                E.O. 13224 Designation of Abdul                         I hereby delegate to the Under Secretary
                                                                                                        for Arms Control and International                      • Federal eRulemaking Portal:
                                                Rehman al-Dakhil, aka Dilshad Ahmad,
                                                                                                        Security, to the extent authorized by                 www.regulations.gov. See the Public
                                                aka Danish Dilshad, aka Amantullah
                                                                                                        law, the authority to concur with the                 Participation and Request for Comments
                                                Ali, aka Amanatullah Ali, aka Amanat
                                                                                                        Secretary of Defense on humanitarian                  section below for further information.
                                                Ali, aka Imanat Ullah Iqbal, aka ‘Abd al-
                                                Rahman al-Dakhil as a Specially                         and civic assistance activities.                        • Mail: Docket Management Facility,
                                                Designated Global Terrorist                                Notwithstanding this delegation of                 U.S. Department of Transportation, 1200
                                                                                                        authority, any function or authority                  New Jersey Avenue SE, West Building,
                                                   Acting under the authority of and in                 delegated herein may be exercised by                  Ground Floor, Room W12–140,
                                                accordance with section 1(b) of                         the Secretary and the Deputy Secretary.               Washington, DC 20590–0001.
                                                Executive Order 13224 of September 23,                  The authority delegated herein may be                   • Hand Delivery or Courier: West
                                                2001, as amended by Executive Order                     re-delegated, to the extent authorized by             Building, Ground Floor, Room W12–
                                                13268 of July 2, 2002, and Executive                    law. Any reference in this delegation of              140, 1200 New Jersey Avenue SE,
                                                Order 13284 of January 23, 2003, I                      authority to any statute or delegation of             between 9 a.m. and 5 p.m. E.T., Monday
                                                hereby determine that the person known                  authority shall be deemed to be a                     through Friday, except Federal holidays.
                                                as Abdul Rehman al-Dakhil, also known                   reference to such statute or delegation of              • Fax: 1–202–493–2251.
                                                                                                        authority as amended from time to time.
                                                as Dilshad Ahmad, also known as                                                                                  Each submission must include the
                                                                                                           This delegation of authority shall be
                                                Danish Dilshad, also known as                                                                                 Agency name and the docket number for
                                                                                                        published in the Federal Register.
                                                Amantullah Ali, also known as                                                                                 this notice. Note that DOT posts all
                                                Amanatullah Ali, also known as Amanat                     Dated: June 29, 2018.
                                                                                                                                                              comments received without change to
                                                Ali, also known as Imanat Ullah Iqbal,                  Michael R. Pompeo,                                    www.regulations.gov, including any
                                                also known as ‘Abd al-Rahman al-                        Secretary of State, Department of State.              personal information included in a
                                                Dakhil, committed, or poses a                           [FR Doc. 2018–16782 Filed 8–3–18; 8:45 am]            comment. Please see the Privacy Act
                                                significant risk of committing, acts of                 BILLING CODE 4710–05–P                                heading below.
                                                terrorism that threaten the security of                                                                          Docket: For access to the docket to
                                                U.S. nationals or the national security,                                                                      read background documents or
                                                foreign policy, or economy of the United                DEPARTMENT OF TRANSPORTATION                          comments, go to www.regulations.gov at
                                                States.                                                                                                       any time or visit Room W12–140 on the
                                                                                                        Federal Motor Carrier Safety
                                                   Consistent with the determination in                                                                       ground level of the West Building, 1200
                                                                                                        Administration
                                                section 10 of Executive Order 13224 that                                                                      New Jersey Avenue SE, Washington,
                                                prior notice to persons determined to be                [Docket No. FMCSA–2018–0182]                          DC, between 9 a.m. and 5 p.m., ET,
                                                subject to the Order who might have a                                                                         Monday through Friday, except Federal
                                                                                                        Hours of Service of Drivers: Allied                   holidays. The on-line FDMS is available
                                                constitutional presence in the United                   Beverage Group L.L.C. (Allied);
                                                States would render ineffectual the                                                                           24 hours each day, 365 days each year.
                                                                                                        Application for Exemption
                                                blocking and other measures authorized                                                                           Privacy Act: In accordance with 5
                                                in the Order because of the ability to                  AGENCY: Federal Motor Carrier Safety                  U.S.C. 553(c), DOT solicits comments
                                                transfer funds instantaneously, I                       Administration (FMCSA), DOT.                          from the public to better inform its
                                                determine that no prior notice needs to                 ACTION: Notice of application for                     rulemaking process. DOT posts these
                                                be provided to any person subject to this               exemption; request for comments.                      comments, without edit, including any
                                                determination who might have a                                                                                personal information the commenter
                                                constitutional presence in the United                   SUMMARY:   FMCSA announces that it has                provides, to www.regulations.gov, as
                                                                                                        received an application from Allied                   described in the system of records
                                                States, because to do so would render
                                                                                                        Beverage Group L.L.C. (Allied) for an                 notice (DOT/ALL–14 FDMS), which can
                                                ineffectual the measures authorized in
                                                                                                        exemption from the requirement that                   be reviewed at www.dot.gov/privacy.
                                                the Order.
                                                                                                        short-haul drivers utilizing the records
                                                   This notice shall be published in the                                                                      FOR FURTHER INFORMATION CONTACT:    Mr.
                                                                                                        of duty status (RODS) exception return
                                                Federal Register.                                                                                             Richard Clemente, FMCSA Driver and
                                                                                                        to their normal work-reporting location
                                                                                                                                                              Carrier Operations Division; Office of
                                                                                                        within 12 hours of coming on duty.
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                                                  Dated: June 20, 2018.                                                                                       Carrier, Driver and Vehicle Safety
                                                                                                        Allied requests that their company
                                                Michael R. Pompeo,                                                                                            Standards; Telephone: 202–366–2722.
                                                                                                        drivers be allowed to use the short-haul
                                                Secretary of State.                                                                                           Email: MCPSD@dot.gov. If you have
                                                                                                        exception but return to their work-
                                                [FR Doc. 2018–16781 Filed 8–3–18; 8:45 am]                                                                    questions on viewing or submitting
                                                                                                        reporting location within 14 hours
                                                                                                                                                              material to the docket, contact Docket
                                                BILLING CODE 4710–AD–P                                  instead of the usual 12 hours. The
                                                                                                                                                              Services, telephone (202) 366–9826.
                                                                                                        requested exemption would apply to all
                                                                                                        of Allied’s drivers who operate                       SUPPLEMENTARY INFORMATION:



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Document Created: 2018-11-06 10:36:32
Document Modified: 2018-11-06 10:36:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a new system of records.
DatesThe 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 September 5, 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 September 5, 2018.
ContactNavdeep 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]
FR Citation83 FR 38447 

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