[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60648-60652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24064]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[DOI-2021-0012; 223D0102DM, DLSN00000.000000, DS64600000, DX.64601]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI or Department) is issuing
a public notice of its intent to create a Privacy Act system of records
titled, ``INTERIOR/DOI-93, Reasonable Accommodation Request Records.''
This system of records notice (SORN) describes DOI's collection,
maintenance, and use of records related to requests for reasonable
accommodation under Title VII of the Civil Rights Act of 1964 or the
applicable provisions of the Americans with Disabilities Act as applied
to the Federal Government through the Rehabilitation Act. This newly
established system will be included in DOI's inventory of record
systems.
DATES: This new system will be effective upon publication. New routine
uses will be effective December 3, 2021. Submit comments on or before
December 3, 2021.
ADDRESSES: You may send comments identified by docket number [DOI-2021-
0012] by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2021-0012] in the subject line of the message.
U.S. mail or hand-delivery: Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Instructions: All submissions received must include the agency name
and docket number [DOI-2021-0012]. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior, 1849 C Street NW, Washington,
DC 20240, [email protected] or 202-208-1605.
SUPPLEMENTARY INFORMATION:
I. Background
The DOI Office of Human Capital is establishing a new Department-
wide system of records, INTERIOR/DOI-93, Reasonable Accommodation
Request Records. This system helps DOI manage records related to the
processing of requests from employees and applicants for employment who
are seeking a reasonable accommodation based on religious belief,
disability, or other condition as required by Federal laws,
regulations, and policies to ensure these individuals are provided an
accommodation to the greatest extent possible as provided for in
Federal law.
During a review of processes established for reasonable
accommodation requests related to the Federal government's response to
the COVID-19 disease, the Department identified a need for a focused
SORN under the Privacy Act for records related to requests for
reasonable accommodation. These records have been previously maintained
under government-wide SORNs published by the Office of Personnel
Management (OPM), however, it was determined to be appropriate for each
agency to establish and maintain its own system of records for employee
requests for reasonable accommodation. This notice covers all records
and information related to requests for reasonable accommodation under
Title VII of the Civil Rights Act of 1964 or the applicable provisions
of the Americans with Disabilities Act as applied to the Federal
Government through the Rehabilitation Act that are submitted by, or on
behalf of, Federal employees and applicants for employment, and the
agency decisions and actions taken on those requests.
Under Section 501 of the Rehabilitation Act of 1973 (the
Rehabilitation Act), as amended, DOI must provide reasonable
accommodation upon request from a qualified employee with a disability
that would enable the employee to perform the essential functions of
the employee's position unless no accommodation can be provided that
does not impose an undue hardship on the Department. A reasonable
accommodation is an adjustment or alteration that enables a qualified
person with a disability to apply for a job, perform job duties, or
enjoy benefits and privileges of employment. A ``disability'' means a
physical or mental impairment that substantially limits one or more
major life activities. An impairment that is episodic may constitute a
disability if it substantially limits one or more major life activities
when active. A qualified employee is an employee who satisfies the
requisite skills, experience, education, and other job-related
requirements as defined by applicable law. In other words, an employee
is qualified if the employee can perform the essential functions of the
employee's position with or without a reasonable accommodation.
Title VII of the Civil Rights Act of 1964 requires agencies to
reasonably accommodate the sincerely held religious beliefs,
observances, and practices of an employee unless doing so would impose
an undue hardship to the agency. An accommodation for a sincerely held
religious belief is any adjustment to the work environment that will
resolve, or reduce to a reasonable level, the conflict between an
employee's sincerely held religious belief, observance, or practice and
an employment requirement.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to records about
individuals that are maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of DOI by complying with
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following
the procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and
[[Page 60649]]
character of each system of records that the agency maintains and the
routine uses of each system. The INTERIOR/DOI-93, Reasonable
Accommodation Request Records, SORN is published in its entirety below.
In accordance with 5 U.S.C. 552a(r), DOI has provided a report of this
system of records to the Office of Management and Budget and to
Congress.
III. Public Participation
You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/DOI-93, Reasonable Accommodation Request Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained by the Office of Human Capital, U.S.
Department of the Interior, 1849 C Street NW, Washington, DC 20240.
Records are also located at DOI bureaus and offices in Washington, DC
and at field locations that process reasonable accommodation requests,
and at DOI contractor facilities.
SYSTEM MANAGER(S):
Director, Division of Workforce Relations, Office of Human Capital,
U.S. Department of the Interior, 1849 C Street NW, MIB 4323,
Washington, DC 20240.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, Departmental Regulations; Section 501 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 791); Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended by the
Americans with Disabilities Act Amendments Act of 2008 (Pub. L. 110-
325); Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e, et
seq.); 29 CFR part 1630, Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act; 29 CFR part 1640,
Procedures for Coordinating the Investigation of Complaints or Charges
of Employment Discrimination Based on Disability Subject to the
Americans with Disabilities Act and Section 504 of the Rehabilitation
Act of 1973; 29 CFR part 1614, Federal Sector Equal Employment
Opportunity; 29 CFR Part. 1605, Guidelines on Discrimination Because of
Religion; 29 CFR part 1635, Genetic Information Nondiscrimination Act
of 2008 (Pub. L. 110-233); 5 CFR part 335, Promotion and Internal
Placement; Executive Order No. 13164, Requiring Federal Agencies to
Establish Procedures to Facilitate the Provision of Reasonable
Accommodation; Executive Order 14043, Requiring Coronavirus Disease
2019 Vaccination for Federal Employees; and Equal Employment
Opportunity Commission Management Directive 715.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain records related to the
processing of requests from employees and applicants for employment who
are seeking a reasonable accommodation based upon disability under the
Rehabilitation Act or for a religious belief, observance, or practice
under Title VII of the Civil Rights Act of 1964.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system includes individuals who request reasonable
accommodation, and agency officials processing or making reasonable
accommodation assessments and decisions. These records also include
information on authorized individuals, such as a family member, health
professional, or other representative submitting the request on behalf
of an individual.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains records related to reasonable accommodation
requests, including the requester's contact information, the nature of
the disability, condition or the basis for the accommodation,
supporting documentation such as forms, letters, memoranda or medical
records, and the request status, agency assessment, decision and
related correspondence. These records may include but are not limited
to:
Name;
Individual requester's status as an applicant, current or
former employee, or other status;
Individual requester's occupational series and grade level
for which reasonable accommodation had been requested;
Contact information such as work or personal address,
phone number, and email address;
Date a request was submitted verbally or in writing;
Documented requests for different type(s) of reasonable
accommodation requested;
How the requested accommodation would assist in job
performance;
Supervisor's name, address, and contact information;
Name and contact information of a family member, health
professional, or other representative submitting a request on behalf of
an individual;
Medical documentation about a disability or medical
condition, or other appropriate supporting information submitted or
required to process the request, any other necessary request-related
information, requests for medical extensions or temporary measures, and
any proposed reasonable accommodation that will resolve any conflict
between the employee's request and job requirements;
Records on religious beliefs, observances or practices
including descriptions of employee's belief, observance or practice,
medicines or medical products that are used or not used by an employee
due to a belief, observance or practice, the extent of any burden on
the employee's religious exercise, and any proposed reasonable
accommodation that will resolve any conflict between the employee's
religious belief, observance, and practice and the job requirement;
Name, title, and contact information of DOI officials
processing, deciding or referring a request for reasonable
accommodation;
Agency decisions including whether a request was granted
or denied, reasons for a denial, date a request was approved or denied,
date a reasonable accommodation was provided to the individual;
Records of type(s) of accommodation provided, as well as
the source of any technical assistance;
The amount of time taken to process a request, including
whether the recommended time frames were met as outlined in the
reasonable accommodation procedures;
Records of reassignments and information such as resume,
transcript, reassignment questionnaire, and/or other relevant
documents; qualification information; types of position(s) to search
for based on the employee's qualifications and current series and
grade; highest full performance level (FPL) for reassignment; and
minimal information regarding the accommodation needed; and
Any other information that is submitted by individuals in
support of requests for reasonable accommodation, or that is necessary
and relevant to support agency assessments and the management of a
reasonable accommodation program.
[[Page 60650]]
RECORD SOURCE CATEGORIES:
Records are obtained from DOI employees, applicants for employment;
medical providers, health professionals, medical institutions; family
members or representatives who submit requests on behalf of
individuals; employee supervisors, human resources and other DOI
officials. Some records may be obtained from other Federal agencies or
DOI bureau and office records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
(5) The United States Government or any agency thereof, when DOJ
determines that DOI is likely to be affected by the proceeding.
B. To a congressional office when requesting information on behalf
of, and at the request of, the individual who is the subject of the
record.
C. To the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
with the reason for which the records are collected or maintained.
D. To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, territorial, local, tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
E. To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
F. To Federal, state, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
G. To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
H. To state, territorial and local governments and tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
I. To an expert, consultant, grantee, or contractor (including
employees of the contractor) of DOI that performs services requiring
access to these records on DOI's behalf to carry out the purposes of
the system.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of records;
(2) DOI has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOI (including
its information systems, programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(1) Responding to a suspected or confirmed breach; or
(2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. To the news media and the public, with the approval of the
Public Affairs Officer in consultation with counsel and the Senior
Agency Official for Privacy, where there exists a legitimate public
interest in the disclosure of the information, except to the extent it
is determined that release of the specific information in the context
of a particular case would constitute an unwarranted invasion of
personal privacy.
O. To another federal agency or commission with responsibility for
labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation to
facilitate that agency or commission's exercise of such jurisdiction.
P. To OMB, DOJ, Department of Labor (DOL), Office of Personnel
Management (OPM), Equal Employment Opportunity Commission (EEOC),
Office of Special Counsel (OSC), or other federal agency or
organization that has responsibility for labor or employment relations,
equal employment opportunity and reasonable accommodation issues, when
the agency or commission has jurisdiction over the subject matter and
to obtain advice regarding statutory, regulatory, policy, and other
requirements related to reasonable accommodation.
Q. To appropriate third parties contracted by DOI to facilitate
mediation or other dispute resolution procedures or programs.
R. To a Federal agency or organization for purposes of procuring
assistive technologies and services through the Computer/Electronic
Accommodation Program, or other program, in response to a request for
reasonable accommodation.
S. To a Federal agency or entity that requires information relevant
or related to a reasonable accommodation decision and/or its
implementation.
T. To attorneys, union representatives, or other persons designated
by DOI employees in writing to represent them in a grievance,
complaint, appeal, or in litigation, as appropriate and in accordance
with applicable law.
U. To an authorized appeal grievance examiner, formal complaints
examiner,
[[Page 60651]]
administrative judge, equal employment opportunity investigator,
arbitrator or other duly authorized official engaged in investigation,
settlement, arbitration, litigation, or other process relevant to a
grievance, complaint, appeal, or litigation initiated by an employee,
as appropriate and in accordance with applicable law.
V. To labor organization officials when such information is
relevant to personnel policies affecting employment conditions and
necessary for exclusive representation by the labor organization, as
appropriate and in accordance with applicable law.
W. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations into alleged or possible
discriminatory practices in the Federal sector, examination of Federal
affirmative employment programs, merit system principles, or other
compliance functions vested in the EEOC.
X. To the Federal Labor Relations Authority, the General Counsel,
the Federal Mediation and Conciliation Service, the Federal Service
Impasses Panel, or an arbitrator when information is requested in
connection with the investigations of allegations of unfair practices,
matters before an arbitrator or the Federal Impasses Panel.
Y. To the Merit Systems Protection Board or the Office of the
Special Counsel in connection with appeals, special studies of the
civil service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and other such functions promulgated in 5 U.S.C. Chapter 12, or as may
be authorized by law.
Z. To another Federal agency as a prospective employer of a DOI
employee upon transfer of the employee to the Federal agency.
AA. To medical personnel and first responders, to meet a bona fide
emergency, including medical emergencies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are stored in secure facilities. Confidential
employee records are maintained with appropriate administrative,
physical and technical controls to protect individual privacy. Paper
records are contained in file folders stored in file cabinets in secure
office locations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by any of the categories of records,
including name and contact information.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are maintained in accordance with Department
Records Schedule (DRS) DAA-GRS-2013-0001-0004 (DRS 1.2, Item 0004)--
Short-Term Human Resources Records, Reasonable Accommodation Records,
Reasonable Accommodation Employee Case Files. The disposition is
temporary. Records are destroyed three years after employee transfer or
separation from the agency or all appeals are concluded, whichever is
later, but longer retention is authorized if required for business use.
Approved destruction methods for temporary records that have met
their retention period include shredding or pulping paper records, and
erasing or degaussing electronic records in accordance with DOI policy
and NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records contained in this system are safeguarded in accordance with
43 CFR 2.226 and other applicable security and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked file cabinets under the control of authorized
personnel. Computer servers on which electronic records are stored are
located in secured DOI controlled facilities with physical, technical
and administrative levels of security to prevent unauthorized access to
the DOI network and information assets. Access is only granted to
authorized personnel and each person granted access to the system must
be individually authorized to use the system. A Privacy Act Warning
Notice appears on computer monitor screens when records containing
information on individuals are first displayed. Data exchanged between
the servers and the system is encrypted. Backup tapes are encrypted and
stored in a locked and controlled room in a secure, off-site location.
Computerized records systems follow the National Institute of
Standards and Technology privacy and security standards as developed to
comply with the Privacy Act of 1974, as amended, 5 U.S.C. 552a;
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.;
and the Federal Information Processing Standards 199: Standards for
Security Categorization of Federal Information and Information Systems.
Security controls include user identification, multi-factor
authentication, database permissions, encryption, firewalls, audit
logs, network system security monitoring, and software controls.
Access to records in the system is limited to authorized personnel
who have a need to access the records in the performance of their
official duties, and each user's access is restricted to only the
functions and data necessary to perform that person's job
responsibilities. System administrators and authorized users are
trained and required to follow established internal security protocols
and must complete all security, privacy, and records management
training and sign the DOI Rules of Behavior.
RECORD ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the System Manager identified above. The
request must include the specific bureau or office that maintains the
record to facilitate location of the applicable records. The request
envelope and letter should both be clearly marked ``PRIVACY ACT REQUEST
FOR ACCESS.'' A request for access must meet the requirements of 43 CFR
2.238.
CONTESTING RECORD PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
System Manager identified above. The request must include the specific
bureau or office that maintains the record to facilitate location of
the applicable records. A request for corrections or removal must meet
the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself should send a signed, written inquiry to the
System Manager identified above. The request must include the specific
bureau or office that maintains the record to facilitate location of
the applicable records. The request envelope and letter should both be
clearly marked ``PRIVACY ACT INQUIRY.'' A request for notification must
meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
[[Page 60652]]
HISTORY:
None.
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2021-24064 Filed 11-1-21; 4:15 pm]
BILLING CODE 4334-63-P