81_FR_87351 81 FR 87119 - Privacy Act of 1974; Proposed New System of Records

81 FR 87119 - Privacy Act of 1974; Proposed New System of Records

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 232 (December 2, 2016)

Page Range87119-87121
FR Document2016-29035

In accordance with the Privacy Act we are issuing public notice of our intent to establish a new system of records entitled, Anti-Harassment & Hostile Work Environment Case Tracking and Records System (60-0380), hereinafter referred to as the Anti-Harassment System. The Equal Employment Opportunity Commission (EEOC) requires agencies to implement anti-harassment policies and procedures separate from the Equal Employment Opportunity process. As a result of implementing those policies and procedures, SSA is creating the Anti- Harassment System, which will capture and house information regarding allegations of workplace harassment filed by SSA employees, including SSA contractors, alleging harassment by another SSA employee or SSA contractor. The Anti-Harassment System supports our efforts to prevent harassment from occurring, to stop it before it becomes severe or pervasive, and to conduct prompt, thorough, and impartial investigations into allegations of harassment, thus supporting our obligation to maintain a work environment free from discrimination, including harassment.

Federal Register, Volume 81 Issue 232 (Friday, December 2, 2016)
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87119-87121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29035]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2015-0056]


Privacy Act of 1974; Proposed New System of Records

AGENCY: Social Security Administration (SSA).

ACTION: Proposed new system of records.

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SUMMARY: In accordance with the Privacy Act we are issuing public 
notice of our intent to establish a new system of records entitled, 
Anti-Harassment & Hostile Work Environment Case Tracking and Records 
System (60-0380), hereinafter referred to as the Anti-Harassment 
System. The Equal Employment Opportunity Commission (EEOC) requires 
agencies to implement anti-harassment policies and procedures separate 
from the Equal Employment Opportunity process. As a result of 
implementing those policies and procedures, SSA is creating the Anti-
Harassment System, which will capture and house information regarding 
allegations of workplace harassment filed by SSA employees, including 
SSA contractors, alleging harassment by another SSA employee or SSA 
contractor. The Anti-Harassment System supports our efforts to prevent 
harassment from occurring, to stop it before it becomes severe or 
pervasive, and to conduct prompt, thorough, and impartial 
investigations into allegations of harassment, thus supporting our 
obligation to maintain a work environment free from discrimination, 
including harassment.

DATES: We invite public comment on this new system of records. 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 January 3, 2017.

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 617 Altmeyer Building, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking 
Portal at http://www.regulations.gov. 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: Pamela J. Carcirieri, Supervisory 
Government Information Specialist, Privacy Implementation Division, 
Office of Privacy and Disclosure, Office of the General Counsel, SSA, 
Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, 
Maryland 21235-6401, telephone: (410) 965-0355, email: 
[email protected] or Navdeep Sarai, Government Information 
Specialist, Privacy Implementation Division, Office of Privacy and 
Disclosure, Office of the General Counsel, SSA, Room 617 Altmeyer 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone: (410) 965-2997, email: [email protected].
    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: November 28, 2016.
Glenn Sklar,
Acting Executive Director, Office of Privacy and Disclosure, Office of 
the General Counsel.
Social Security Administration (SSA)

System Number: 60-0380

SYSTEM NAME:
     Anti-Harassment & Hostile Work Environment Case Tracking and 
Records System

SECURITY CLASSIFICATION:
     None.

SYSTEM LOCATION:
    Social Security Administration, Office of Human Resources, Office 
of Labor Management and Employee Relations, 6401 Security Boulevard, 
Baltimore, Maryland 21235.

[[Page 87120]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    SSA employees and SSA contractors who report allegations of 
workplace harassment to the Office of Civil Rights and Equal 
Opportunity (OCREO) or to management; SSA employees and SSA contractors 
against whom allegations of workplace harassment have been reported to 
OCREO or to management; and SSA Harassment Prevention Officers (HPOs), 
investigators, and independent reviewers who conduct program business 
or inquiries relative to reports of alleged workplace harassment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains information collected or generated in 
response to an allegation of workplace harassment, which may include: 
Allegations of workplace harassment; information generated during fact-
finding investigations; and other records related to the investigation 
and/or response taken as a result of the allegation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et 
seq.; Age Discrimination in Employment Act of 1967, 29 U.S.C. 621, et 
seq.; The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 
12101, et seq.; The ADA Amendments Act of 2008; The Rehabilitation Act 
of 1973 (Section 501), 29 U.S.C. 791; The Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), 
Public Law 107-174; Genetic Information Nondiscrimination Act of 2008 
(GINA), Public Law 110-233; Executive Order 13087, Executive Order 
13152, and further amendments to Executive Order 11478 and Executive 
Order 11246; and EEOC Enforcement Guidance: Vicarious Employer 
Liability for Unlawful Harassment by Supervisors, Notice 915.002, V.C.1 
(June 18, 1999).

PURPOSE:
    The SSA takes seriously its obligation to maintain a work 
environment free from discrimination, including harassment. Managers 
and employees are responsible for preventing harassment from occurring 
and stopping harassment before it becomes severe or pervasive. The 
agency will take seriously all allegations of workplace harassment, and 
will conduct prompt, thorough, and impartial investigations into 
allegations of harassment. The Anti-Harassment System will capture and 
house information regarding allegations of workplace harassment filed 
by SSA employees and SSA contractors alleging harassment by another SSA 
employee and any investigation and/or response taken as a result of the 
allegation. The Anti-Harassment System will also capture and house 
information regarding allegations of workplace harassment filed by SSA 
employees alleging harassment by an SSA contractor and any 
investigation and/or response taken as a result of the allegation.

ROUTINE USES OF RECORDS COVERED BY 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 (IRC), 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 a third party acting on the subject's behalf.
    2. To the Department of Justice (DOJ), a court or other tribunal, 
or another party before such court or tribunal, when
    (a) SSA, or any component thereof; or
    (b) any SSA employee in his/her official capacity; or
    (c) any SSA employee in his/her individual capacity where DOJ (or 
SSA, where it is authorized to do so) has agreed to represent the 
employee; or
    (d) the United States or any agency thereof where SSA determines 
that 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 the 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.
    3. To the National Archives and Records Administration under 44 
U.S.C. 2904 and 2906.
    4. To appropriate Federal, State, and local agencies, entities, and 
persons when:
    (a) We suspect or confirm that the security or confidentiality of 
information in this system of records has been compromised;
    (b) we determine that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs that rely upon the compromised 
information; and
    (c) we determine that disclosing the information to such agencies, 
entities, and persons is necessary to assist in our efforts to respond 
to the suspected or confirmed compromise and prevent, minimize, or 
remedy such harm.
    5. 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.
    6. To contractors and other Federal agencies, as necessary, for the 
purpose of assisting the 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.
    7. 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 in SSA records in order to perform their assigned Agency 
functions.
    8. To any agency, person, or entity in the course of an 
investigation to the extent necessary to obtain information pertinent 
to the investigation.
    9. To the alleged victim or harasser, or their representatives, the 
minimal information necessary to provide the status or the results of 
the investigation or case involving them.
    10. To the Office of Personnel Management or the Merit Systems 
Protection Board (including the Office of Special Counsel) when 
information is requested in connection with appeals, special studies of 
the civil service and other merit systems, review of those agencies' 
rules and regulations, investigation of alleged or possible prohibited 
personnel practices, and for such other functions of these agencies as 
may be authorized by law, e.g., 5 U.S.C. 1205 and 1206.
    11. 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

[[Page 87121]]

Selection Procedures, or other functions vested in the Commission.
    12. To officials of labor organizations recognized under 5 U.S.C. 
chapter 71 when relevant and necessary to their duties of exclusive 
representation concerning personnel policies, practices, and matters 
affecting conditions of employment.
    13. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
    (a) To enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace, the operation of SSA 
facilities, or
    (b) To assist investigations or prosecutions with respect to 
activities that affect such safety and security or activities that 
disrupt the operations of SSA facilities.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
    STORAGE: We will store records in this system in paper and 
electronic form.
    RETRIEVABILITY: We will retrieve records by the name of the 
alleging employee, the name of the alleged harasser, and unique case 
identifiers.

SAFEGUARDS:
    We retain paper and electronic records with personal identifiers in 
secure storage areas accessible only by our authorized employees who 
have a need for the information when performing their official duties. 
Security measures include the use of access codes (personal 
identification number (PIN) and password) to initially enter our 
computer systems that house the data. We further restrict the 
electronic records by the use of the PIN for only those employees who 
are authorized to access the system. We keep paper records in locked 
cabinets within secure areas.
    We annually provide our employees and contractors with appropriate 
security awareness training that includes reminders about the need to 
protect personally identifiable information (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.

RETENTION AND DISPOSAL:
    These records are currently unscheduled and will not be deleted or 
destroyed.

SYSTEM MANAGER AND ADDRESS:
    Social Security Administration, Office of Human Resources, Office 
of Labor Management and Employee Relations, 6401 Security Boulevard, 
Baltimore, MD 21235.

NOTIFICATION PROCEDURES:
    This system of records has been exempted from the Privacy Act's 
notification, access, and amendment provisions as stated below. 
However, individuals may request 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 by mail must include 
a notarized statement to us to verify their identity or 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. A determination of whether notification will be 
provided, or a record may be accessed or amended, will be made after a 
request is received.
    Individuals requesting notification of 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.
    Individuals requesting notification by telephone must verify their 
identity by providing identifying information that parallels the 
information in the record about which notification is sought. If we 
determine that the identifying information the individual provides by 
telephone is insufficient, we will require the individual to submit a 
request in writing or in person. If an individual requests information 
by telephone on behalf of another individual, the subject individual 
must be on the telephone with the requesting individual and with us in 
the same phone call. We will establish the subject individual's 
identity (his or her name, SSN, address, date of birth, and place of 
birth, along with one other piece of information such as mother's 
maiden name), and ask for his or her consent to provide information to 
the requesting individual. These procedures are in accordance with our 
regulations at 20 CFR 401.40 and 401.45.

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Individuals must also reasonably 
specify the record contents they are seeking. These procedures are in 
accordance with our regulations at 20 CFR 401.40(c).

CONTESTING RECORD PROCEDURES:
    Same as notification 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).

RECORD SOURCE CATEGORIES:
    We obtain information in this system from employees and witnesses, 
SSA contractors, members of the public, law enforcement officers of 
other Federal agencies, and other individuals involved with the 
allegation. Some information, such as the employee's name, PIN, 
employee identification number, employee's position, and employee's job 
location is pre-populated in the system by using information contained 
in our Human Resource Operational Data Store system.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
    This system of records has been exempted from certain provisions of 
the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Rules have been 
promulgated in accordance with the requirements of 5 U.S.C. 553(b), 
(c), and (e) and have been published in today's Federal Register.

[FR Doc. 2016-29035 Filed 12-1-16; 8:45 am]
 BILLING CODE 4191-02-P



                                                                                 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices                                              87119

                                                       Accordingly, the Commission                          may be withheld from the public in                    environment free from discrimination,
                                                    requests comment on whether the                         accordance with the provisions of 5                   including harassment.
                                                    concerns outlined in the Plan Approval                  U.S.C. 552, will be available for Web                 DATES: We invite public comment on
                                                    Order about stocks remaining in                         site viewing and printing in the                      this new system of records. In
                                                    Straddle States for indefinite periods of               Commission’s Public Reference Room,                   accordance with 5 U.S.C. 552a(e)(4) and
                                                    time continues to be a viable concern,                  100 F Street NE., Washington, DC                      (e)(11), the public is given a 30-day
                                                    and how the data analysis discussed                     20549, on official business days                      period in which to submit comments.
                                                    above informs those concerns. In this                   between the hours of 10:00 a.m. and                   Therefore, please submit any comments
                                                    regard, should the Plan continue to                     3:00 p.m. Copies of such filing also will             by January 3, 2017.
                                                    provide the discretion for Primary                      be available for inspection and copying               ADDRESSES: The public, Office of
                                                    Listing Markets to declare a Trading                    at the Participants’ offices. All                     Management and Budget (OMB), and
                                                    Pause when an NMS Stock is in a                         comments received will be posted                      Congress may comment on this
                                                    Straddle State? Are there other                         without change; the Commission does                   publication by writing to the Executive
                                                    alternatives to declaring a Trading Pause               not edit personal identifying                         Director, Office of Privacy and
                                                    to address concerns about NMS Stocks                    information from submissions. You                     Disclosure, Office of the General
                                                    remaining in Straddle States for                        should submit only information that                   Counsel, SSA, Room 617 Altmeyer
                                                    indefinite periods of time? Should the                  you wish to make available publicly. All              Building, 6401 Security Boulevard,
                                                    Plan continue to provide for the                        submissions should refer to File                      Baltimore, Maryland 21235–6401, or
                                                    collection of data related to Straddle                  Number 4–631 and should be submitted                  through the Federal e-Rulemaking Portal
                                                    States or should the Plan contain any                   on or before December 23, 2016.                       at http://www.regulations.gov. All
                                                    mechanism to monitor Straddle States?
                                                                                                              By the Commission.                                  comments we receive will be available
                                                    Please explain.
                                                       Comments may be submitted by any                     Robert W. Errett,                                     for public inspection at the above
                                                    of the following methods:                               Deputy Secretary.                                     address and we will post them to http://
                                                                                                            [FR Doc. 2016–28937 Filed 12–1–16; 8:45 am]           www.regulations.gov.
                                                    Electronic Comments                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                            BILLING CODE 8011–01–P
                                                      • Use the Commission’s Internet                                                                             Pamela J. Carcirieri, Supervisory
                                                    comment form (http://www.sec.gov/                                                                             Government Information Specialist,
                                                    rules/sro.shtml); or                                                                                          Privacy Implementation Division, Office
                                                      • Send an email to rule-comments@                     SOCIAL SECURITY ADMINISTRATION                        of Privacy and Disclosure, Office of the
                                                    sec.gov. Please include File Number 4–                                                                        General Counsel, SSA, Room 617
                                                                                                            [Docket No. SSA–2015–0056]
                                                    631 on the subject line.                                                                                      Altmeyer Building, 6401 Security
                                                    Paper Comments                                          Privacy Act of 1974; Proposed New                     Boulevard, Baltimore, Maryland 21235–
                                                                                                            System of Records                                     6401, telephone: (410) 965–0355, email:
                                                       • Send paper comments in triplicate                                                                        Pamela.Carcirieri@ssa.gov or Navdeep
                                                    to Brent J. Fields, Secretary, Securities               AGENCY:    Social Security Administration             Sarai, Government Information
                                                    and Exchange Commission, 100 F Street                   (SSA).                                                Specialist, Privacy Implementation
                                                    NE., Washington, DC 20549–1090.                         ACTION: Proposed new system of                        Division, Office of Privacy and
                                                    All submissions should refer to File                    records.                                              Disclosure, Office of the General
                                                    Number 4–631. This file number should                                                                         Counsel, SSA, Room 617 Altmeyer
                                                    be included on the subject line if email                SUMMARY: In accordance with the                       Building, 6401 Security Boulevard,
                                                    is used. To help the Commission                         Privacy Act we are issuing public notice              Baltimore, Maryland 21235–6401,
                                                    process and review your comments                        of our intent to establish a new system               telephone: (410) 965–2997, email:
                                                    more efficiently, please use only one                   of records entitled, Anti-Harassment &                Navdeep.Sarai@ssa.gov.
                                                    method. The Commission will post all                    Hostile Work Environment Case                            In accordance with 5 U.S.C. 552a(r),
                                                    comments on the Commission’s Internet                   Tracking and Records System (60–                      we have provided a report to OMB and
                                                    Web site (http://www.sec.gov/rules/                     0380), hereinafter referred to as the                 Congress on this new system of records.
                                                    sro.shtml). Copies of the submission, all               Anti-Harassment System. The Equal
                                                                                                                                                                    DATED: November 28, 2016.
                                                    subsequent amendments, all written                      Employment Opportunity Commission
                                                                                                            (EEOC) requires agencies to implement                 Glenn Sklar,
                                                    statements with respect to the proposed
                                                    plan amendment that are filed with the                  anti-harassment policies and procedures               Acting Executive Director, Office of Privacy
                                                                                                            separate from the Equal Employment                    and Disclosure, Office of the General Counsel.
                                                    Commission, and all written
                                                    communications relating to the                          Opportunity process. As a result of                   Social Security Administration (SSA)
                                                    amendment between the Commission                        implementing those policies and
                                                    and any person, other than those that                   procedures, SSA is creating the Anti-                 System Number: 60–0380
                                                                                                            Harassment System, which will capture                 SYSTEM NAME:
                                                    midpoint of the opening bid and ask quotes              and house information regarding
                                                    significantly deviated from the previous day’s          allegations of workplace harassment                     Anti-Harassment & Hostile Work
                                                    closing price. However, information contained in
                                                                                                            filed by SSA employees, including SSA                 Environment Case Tracking and Records
                                                    the Angel Report suggests otherwise. See Angel                                                                System
                                                    Report supra note 13. Table 25 in the Angel Report      contractors, alleging harassment by
                                                                                                            another SSA employee or SSA
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    shows that when all opening reference prices are                                                              SECURITY CLASSIFICATION:
                                                    included, 1.80% of all Straddle States last longer      contractor. The Anti-Harassment System
                                                    than 30 seconds. In contrast, when days with what                                                               None.
                                                    Angel refers to as ‘‘bad’’ opening reference points
                                                                                                            supports our efforts to prevent
                                                                                                            harassment from occurring, to stop it                 SYSTEM LOCATION:
                                                    are excluded, Table 27 in the Angel Report finds
                                                    that 8.34% of the Straddle States last longer than      before it becomes severe or pervasive,                  Social Security Administration, Office
                                                    30 seconds. Id. If a ‘‘bad’’ opening reference price    and to conduct prompt, thorough, and                  of Human Resources, Office of Labor
                                                    contributed to longer Straddle States, the
                                                    percentage of Straddle States lasting longer than 30
                                                                                                            impartial investigations into allegations             Management and Employee Relations,
                                                    seconds would likely decrease once ‘‘bad’’ opening      of harassment, thus supporting our                    6401 Security Boulevard, Baltimore,
                                                    reference prices are excluded, not increase.            obligation to maintain a work                         Maryland 21235.


                                               VerDate Sep<11>2014   17:55 Dec 01, 2016   Jkt 241001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\02DEN1.SGM   02DEN1


                                                    87120                        Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices

                                                    CATEGORIES OF INDIVIDUALS COVERED BY THE                contractors alleging harassment by                    there is a risk of harm to economic or
                                                    SYSTEM:                                                 another SSA employee and any                          property interests, identity theft or
                                                      SSA employees and SSA contractors                     investigation and/or response taken as a              fraud, or harm to the security or
                                                    who report allegations of workplace                     result of the allegation. The Anti-                   integrity of this system or other systems
                                                    harassment to the Office of Civil Rights                Harassment System will also capture                   or programs that rely upon the
                                                    and Equal Opportunity (OCREO) or to                     and house information regarding                       compromised information; and
                                                    management; SSA employees and SSA                       allegations of workplace harassment                      (c) we determine that disclosing the
                                                    contractors against whom allegations of                 filed by SSA employees alleging                       information to such agencies, entities,
                                                    workplace harassment have been                          harassment by an SSA contractor and                   and persons is necessary to assist in our
                                                    reported to OCREO or to management;                     any investigation and/or response taken               efforts to respond to the suspected or
                                                    and SSA Harassment Prevention                           as a result of the allegation.                        confirmed compromise and prevent,
                                                    Officers (HPOs), investigators, and                                                                           minimize, or remedy such harm.
                                                                                                            ROUTINE USES OF RECORDS COVERED BY THE
                                                    independent reviewers who conduct                                                                                5. To the Office of the President in
                                                                                                            SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                    program business or inquiries relative to               THE PURPOSES OF SUCH USES:                            response to an inquiry from that office
                                                    reports of alleged workplace                                                                                  made on behalf of, and at the request of,
                                                    harassment.                                                We will disclose records pursuant to
                                                                                                                                                                  the subject of the record or a third party
                                                                                                            the following routine uses, however, we
                                                                                                                                                                  acting on the subject’s behalf.
                                                    CATEGORIES OF RECORDS IN THE SYSTEM:                    will not disclose any information
                                                                                                            defined as ‘‘return or return                            6. To contractors and other Federal
                                                       This system maintains information                                                                          agencies, as necessary, for the purpose
                                                    collected or generated in response to an                information’’ under 26 U.S.C. 6103 of
                                                                                                            the Internal Revenue Service Code                     of assisting the SSA in the efficient
                                                    allegation of workplace harassment,                                                                           administration of its programs. We will
                                                    which may include: Allegations of                       (IRC), unless authorized by statute, the
                                                                                                            Internal Revenue Service (IRS), or IRS                disclose information under this routine
                                                    workplace harassment; information                                                                             use only in situations in which SSA
                                                    generated during fact-finding                           regulations.
                                                                                                               1. To a congressional office in                    may enter into a contractual or similar
                                                    investigations; and other records related                                                                     agreement with a third party to assist in
                                                    to the investigation and/or response                    response to an inquiry from that office
                                                                                                            made on behalf of, and at the request of,             accomplishing an agency function
                                                    taken as a result of the allegation.                                                                          relating to this system of records.
                                                                                                            the subject of the record or a third party
                                                    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                acting on the subject’s behalf.                          7. To student volunteers, individuals
                                                      Title VII of the Civil Rights Act of                     2. To the Department of Justice (DOJ),             working under a personal services
                                                    1964, 42 U.S.C. 2000e, et seq.; Age                     a court or other tribunal, or another                 contract, and other workers who
                                                    Discrimination in Employment Act of                     party before such court or tribunal,                  technically do not have the status of
                                                    1967, 29 U.S.C. 621, et seq.; The                       when                                                  Federal employees, when they are
                                                    Americans with Disabilities Act of 1990                    (a) SSA, or any component thereof; or              performing work for SSA, as authorized
                                                    (ADA), 42 U.S.C. 12101, et seq.; The                       (b) any SSA employee in his/her                    by law, and they need access to
                                                    ADA Amendments Act of 2008; The                         official capacity; or                                 personally identifiable information in
                                                    Rehabilitation Act of 1973 (Section 501),                  (c) any SSA employee in his/her                    SSA records in order to perform their
                                                    29 U.S.C. 791; The Notification and                     individual capacity where DOJ (or SSA,                assigned Agency functions.
                                                    Federal Employee Antidiscrimination                     where it is authorized to do so) has                     8. To any agency, person, or entity in
                                                    and Retaliation Act of 2002 (No FEAR                    agreed to represent the employee; or                  the course of an investigation to the
                                                    Act), Public Law 107–174; Genetic                          (d) the United States or any agency                extent necessary to obtain information
                                                    Information Nondiscrimination Act of                    thereof where SSA determines that the                 pertinent to the investigation.
                                                    2008 (GINA), Public Law 110–233;                        litigation is likely to affect SSA or any                9. To the alleged victim or harasser,
                                                    Executive Order 13087, Executive Order                  of its components, is a party to the                  or their representatives, the minimal
                                                    13152, and further amendments to                        litigation or has an interest in such                 information necessary to provide the
                                                    Executive Order 11478 and Executive                     litigation, and SSA determines that the               status or the results of the investigation
                                                    Order 11246; and EEOC Enforcement                       use of such records by DOJ, a court or                or case involving them.
                                                    Guidance: Vicarious Employer Liability                  other tribunal, or another party before                  10. To the Office of Personnel
                                                    for Unlawful Harassment by                              the tribunal is relevant and necessary to             Management or the Merit Systems
                                                    Supervisors, Notice 915.002, V.C.1 (June                the litigation, provided, however, that in            Protection Board (including the Office
                                                    18, 1999).                                              each case, the agency determines that                 of Special Counsel) when information is
                                                                                                            disclosure of the records to the DOJ,                 requested in connection with appeals,
                                                    PURPOSE:                                                court or other tribunal, or another party             special studies of the civil service and
                                                       The SSA takes seriously its obligation               is a use of the information contained in              other merit systems, review of those
                                                    to maintain a work environment free                     the records that is compatible with the               agencies’ rules and regulations,
                                                    from discrimination, including                          purpose for which the records were                    investigation of alleged or possible
                                                    harassment. Managers and employees                      collected.                                            prohibited personnel practices, and for
                                                    are responsible for preventing                             3. To the National Archives and                    such other functions of these agencies as
                                                    harassment from occurring and stopping                  Records Administration under 44 U.S.C.                may be authorized by law, e.g., 5 U.S.C.
                                                    harassment before it becomes severe or                  2904 and 2906.                                        1205 and 1206.
                                                    pervasive. The agency will take                            4. To appropriate Federal, State, and                 11. To the Equal Employment
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                                                    seriously all allegations of workplace                  local agencies, entities, and persons                 Opportunity Commission when
                                                    harassment, and will conduct prompt,                    when:                                                 requested in connection with
                                                    thorough, and impartial investigations                     (a) We suspect or confirm that the                 investigations into alleged or possible
                                                    into allegations of harassment. The                     security or confidentiality of                        discriminatory practices in the Federal
                                                    Anti-Harassment System will capture                     information in this system of records                 sector, examination of Federal
                                                    and house information regarding                         has been compromised;                                 affirmative employment programs,
                                                    allegations of workplace harassment                        (b) we determine that as a result of the           compliance by Federal agencies with
                                                    filed by SSA employees and SSA                          suspected or confirmed compromise                     Uniformed Guidelines on Employee


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                                                                                 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices                                                 87121

                                                    Selection Procedures, or other functions                RETENTION AND DISPOSAL:                               phone call. We will establish the subject
                                                    vested in the Commission.                                 These records are currently                         individual’s identity (his or her name,
                                                      12. To officials of labor organizations               unscheduled and will not be deleted or                SSN, address, date of birth, and place of
                                                    recognized under 5 U.S.C. chapter 71                    destroyed.                                            birth, along with one other piece of
                                                    when relevant and necessary to their                                                                          information such as mother’s maiden
                                                                                                            SYSTEM MANAGER AND ADDRESS:
                                                    duties of exclusive representation                                                                            name), and ask for his or her consent to
                                                    concerning personnel policies,                            Social Security Administration, Office
                                                                                                            of Human Resources, Office of Labor                   provide information to the requesting
                                                    practices, and matters affecting                                                                              individual. These procedures are in
                                                    conditions of employment.                               Management and Employee Relations,
                                                                                                            6401 Security Boulevard, Baltimore, MD                accordance with our regulations at 20
                                                      13. To Federal, State, and local law
                                                                                                            21235.                                                CFR 401.40 and 401.45.
                                                    enforcement agencies and private
                                                    security contractors, as appropriate,                   NOTIFICATION PROCEDURES:                              RECORD ACCESS PROCEDURES:
                                                    information necessary:
                                                      (a) To enable them to protect the                        This system of records has been
                                                                                                                                                                    Same as notification procedures.
                                                    safety of SSA employees and customers,                  exempted from the Privacy Act’s
                                                                                                                                                                  Individuals must also reasonably
                                                    the security of the SSA workplace, the                  notification, access, and amendment
                                                                                                                                                                  specify the record contents they are
                                                    operation of SSA facilities, or                         provisions as stated below. However,
                                                                                                            individuals may request information                   seeking. These procedures are in
                                                      (b) To assist investigations or                                                                             accordance with our regulations at 20
                                                    prosecutions with respect to activities                 about whether this system contains a
                                                                                                            record about them by submitting a                     CFR 401.40(c).
                                                    that affect such safety and security or
                                                    activities that disrupt the operations of               written request to the system manager at
                                                                                                                                                                  CONTESTING RECORD PROCEDURES:
                                                    SSA facilities.                                         the above address, which includes their
                                                                                                            name, SSN, or other information that                    Same as notification procedures.
                                                    DISCLOSURE TO CONSUMER REPORTING                        may be in this system of records that                 Individuals should also reasonably
                                                    AGENCIES:                                               will identify them. Individuals                       identify the record, specify the
                                                       None.                                                requesting notification by mail must                  information they are contesting, and
                                                    POLICIES AND PRACTICES FOR STORING,
                                                                                                            include a notarized statement to us to                state the corrective action sought and
                                                    RETRIEVING, ACCESSING, RETAINING, AND                   verify their identity or must certify in              the reasons for the correction with
                                                    DISPOSING OF RECORDS IN THE SYSTEM:                     the request that they are the individual              supporting justification showing how
                                                      STORAGE: We will store records in                     they claim to be and that they                        the record is incomplete, untimely,
                                                    this system in paper and electronic                     understand that the knowing and willful               inaccurate, or irrelevant. These
                                                    form.                                                   request for, or acquisition of, a record
                                                                                                                                                                  procedures are in accordance with our
                                                      RETRIEVABILITY: We will retrieve                      pertaining to another individual under
                                                                                                                                                                  regulations at 20 CFR 401.65(a).
                                                    records by the name of the alleging                     false pretenses is a criminal offense. A
                                                    employee, the name of the alleged                       determination of whether notification                 RECORD SOURCE CATEGORIES:
                                                    harasser, and unique case identifiers.                  will be provided, or a record may be
                                                                                                            accessed or amended, will be made after                  We obtain information in this system
                                                    SAFEGUARDS:                                             a request is received.                                from employees and witnesses, SSA
                                                      We retain paper and electronic                           Individuals requesting notification of             contractors, members of the public, law
                                                    records with personal identifiers in                    records in person must provide their                  enforcement officers of other Federal
                                                    secure storage areas accessible only by                 name, SSN, or other information that                  agencies, and other individuals
                                                    our authorized employees who have a                     may be in this system of records that                 involved with the allegation. Some
                                                    need for the information when                           will identify them, as well as provide an             information, such as the employee’s
                                                    performing their official duties. Security              identity document, preferably with a                  name, PIN, employee identification
                                                    measures include the use of access                      photograph, such as a driver’s license.               number, employee’s position, and
                                                    codes (personal identification number                   Individuals lacking identification                    employee’s job location is pre-populated
                                                    (PIN) and password) to initially enter                  documents sufficient to establish their               in the system by using information
                                                    our computer systems that house the                     identity must certify in writing that they
                                                                                                                                                                  contained in our Human Resource
                                                    data. We further restrict the electronic                are the individual they claim to be and
                                                                                                                                                                  Operational Data Store system.
                                                    records by the use of the PIN for only                  that they understand that the knowing
                                                    those employees who are authorized to                   and willful request for, or acquisition of,           SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
                                                    access the system. We keep paper                        a record pertaining to another                        OF THE PRIVACY ACT:
                                                    records in locked cabinets within secure                individual under false pretenses is a
                                                    areas.                                                  criminal offense.                                        This system of records has been
                                                      We annually provide our employees                        Individuals requesting notification by             exempted from certain provisions of the
                                                    and contractors with appropriate                        telephone must verify their identity by               Privacy Act pursuant to 5 U.S.C.
                                                    security awareness training that                        providing identifying information that                552a(k)(2). Rules have been
                                                    includes reminders about the need to                    parallels the information in the record               promulgated in accordance with the
                                                    protect personally identifiable                         about which notification is sought. If we             requirements of 5 U.S.C. 553(b), (c), and
                                                    information (PII) and the criminal                      determine that the identifying                        (e) and have been published in today’s
                                                    penalties that apply to unauthorized                    information the individual provides by
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                                                                                                                                                                  Federal Register.
                                                    access to, or disclosure of, PII (5 U.S.C.              telephone is insufficient, we will
                                                                                                                                                                  [FR Doc. 2016–29035 Filed 12–1–16; 8:45 am]
                                                    552a(i)(1)). Furthermore, employees and                 require the individual to submit a
                                                                                                                                                                  BILLING CODE 4191–02–P
                                                    contractors with access to databases                    request in writing or in person. If an
                                                    maintaining PII must sign a sanctions                   individual requests information by
                                                    document annually, acknowledging                        telephone on behalf of another
                                                    their accountability for inappropriately                individual, the subject individual must
                                                    accessing or disclosing such                            be on the telephone with the requesting
                                                    information.                                            individual and with us in the same


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Document Created: 2018-02-14 09:01:59
Document Modified: 2018-02-14 09:01:59
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
ActionProposed new system of records.
DatesWe invite public comment on this new system of records. 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 January 3, 2017.
ContactPamela J. Carcirieri, Supervisory Government Information Specialist, Privacy Implementation Division, Office of Privacy and Disclosure, Office of the General Counsel, SSA, Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone: (410) 965-0355, email: [email protected] or Navdeep Sarai, Government Information Specialist, Privacy Implementation Division, Office of Privacy and Disclosure, Office of the General Counsel, SSA, Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone: (410) 965-2997, email: Navde[email protected]
FR Citation81 FR 87119 

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