[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Rules and Regulations]
[Pages 16509-16510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06719]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules 
and Regulations  

[[Page 16509]]



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: Final rule.

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

SUMMARY: The Social Security Administration (SSA) is issuing a final 
rule to amend its Privacy Act regulation exempting portions of a system 
of records from certain provisions of the Privacy Act of 1974, entitled 
Anti-Harassment & Hostile Work Environment Case Tracking and Records 
System. Because this system will contain some investigatory material 
compiled for law enforcement purposes, this rule will exempt those 
records within this new system of records from specific provisions of 
the Privacy Act.

DATES: This final rule is effective on April 5, 2017.

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

    We published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register on December 2, 2016 (81 FR 86979).
    In accordance with the Privacy Act (5 U.S.C. 552a) we also issued a 
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). (81 FR 87119). In 
order to exercise reasonable care to prevent and correct promptly any 
harassment, agencies must implement anti-harassment policies and 
procedures separate from the Equal Employment Opportunity process. 
Consequently, we are 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 are 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 rule adds 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).

Public Comments

    We provided 30 days for the public to comment on the NPRM. The 
comment period ran from December 2, 2016 through January 3, 2016. We 
received one comment, but did not publish it as part of the regulatory 
record because it was not within the subject matter of the proposed 
rule.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

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

Executive Order 13132 (Federalism)

    This final rule was analyzed in accordance with the principles and 
criteria established by Executive Order 13132, and SSA determined that 
the rule will not have sufficient Federalism implications to warrant 
the preparation of a Federalism assessment. SSA also determined that 
this final 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 final rule.

Regulatory Flexibility Act

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

Paperwork Reduction Act

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

[[Page 16510]]

List of Subjects in 20 CFR Part 401

    Privacy and disclosure of official records and information.

Nancy Berryhill,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we are amending 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. 2017-06719 Filed 4-4-17; 8:45 am]
 BILLING CODE 4191-02-P