[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Proposed Rules]
[Pages 86979-86980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28919]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 401

[Docket No. SSA-2015-0014]
RIN 0960-AH82


Anti-Harassment and Hostile Work Environment Case Tracking and 
Records System

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Social Security Administration (SSA) separately published, 
in today's Federal Register, notice of a new system of records, 
entitled Anti-Harassment & Hostile Work Environment Case Tracking and 
Records System. Because this system will contain some investigatory 
material compiled for law enforcement purposes, the SSA proposes to 
exempt those records within this new system of records from specific 
provisions of the Privacy Act.

DATES: To ensure that your comments are considered, we must receive 
them no later than January 3, 2017.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2015-0014, so 
that we may associate your comments with the correct regulation.

    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly 
urge you not to include in your comments any personal information, 
such as Social Security numbers or medical information.

    1. Internet: We strongly recommend that you submit your comments 
via the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number 
SSA-2015-0014. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

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

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act (5 U.S.C. 552a) we are issuing 
public notice of our intent to establish a new system of records 
entitled, Anti-Harassment & Hostile Work Environment Case Tracking and 
Records System (Anti-Harassment System) (60-0380). The Equal Employment 
Opportunity Commission (EEOC) requires that agencies implement anti-
harassment policies and procedures separate from the Equal Employment

[[Page 86980]]

Opportunity process. As a result of implementing those policies and 
procedures, we propose establishing the Anti-Harassment system to 
manage information regarding allegations of workplace harassment filed 
by SSA employees and SSA contractors alleging harassment by another SSA 
employee, as well as allegations of workplace harassment filed by SSA 
employees alleging harassment by an SSA contractor.
    We propose establishing the Anti-Harassment system as part of our 
compliance efforts under Title VII of the Civil Rights Act of 1964; the 
Age Discrimination in Employment Act of 1967; the Americans with 
Disabilities Act of 1990 (ADA); the ADA Amendments Act of 2008; the 
Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (No FEAR Act); and the Genetic Information 
Nondiscrimination Act of 2008 (GINA); and Executive Orders 11478, 
11246, 13152, and 13087. These legal authorities prohibit 
discrimination, including harassment, based on sex, race, color, 
religion, national origin, age, disability, genetic information, or 
other protected basis.
    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, or response, we take because of the allegation. Due 
to the investigatory nature of information that will be maintained in 
this system of records, this proposed rule would add the Anti-
Harassment System to the list of SSA systems that are exempt from 
specific provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

Rulemaking Analyses and Notices

    All comments received on or before the close of business on the 
comment closing date indicated above will be considered and will be 
available for examination in the docket at the above address. Comments 
received after the comment closing date will be filed in the docket and 
will be considered to the extent practicable. A final rule may be 
published at any time after close of the comment period.

Clarity of This Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this proposed rule, we invite your 
comments on how to make the rule easier to understand.
    For example:
     Would more, but shorter, sections be better?
     Are the requirements in the rule clearly stated?
     Have we organized the material to suit your needs?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format make the rule easier to 
understand, e.g. grouping and order of sections, use of headings, 
paragraphing?

Regulatory Procedures

    SSA will publish a final rule responding to any comments received 
and, if appropriate, will amend provisions of the rule.

Executive Order 12866, as Supplemented by Executive Order 13563

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

Executive Order 13132 (Federalism)

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

Executive Order 12372 (Intergovernmental Review)

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

Regulatory Flexibility Act

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

Paperwork Reduction Act

    This proposed rule does not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

List of Subjects in 20 CFR Part 401

    Privacy and disclosure of official records and information.

Carolyn W. Colvin,
Acting Commissioner of Social Security.

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

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

Subpart B--[Amended]

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

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

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


Sec.  401.85   Exempt Systems.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (F) Anti-Harassment & Hostile Work Environment Case Tracking and 
Records System, SSA.

* * * * *

[FR Doc. 2016-28919 Filed 12-1-16; 8:45 am]
 BILLING CODE 4191-02-P