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

SOCIAL SECURITY ADMINISTRATION

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

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


=======================================================================
-----------------------------------------------------------------------

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.

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

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