[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64983-64986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25232]


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SMALL BUSINESS ADMINISTRATION


Privacy Act of 1974; System of Records Notice

AGENCY: Small Business Administration.

ACTION: Notice of a new system of records.

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SUMMARY: The U.S. Small Business Administration (SBA) proposes a new 
system of records titled Reasonable Accommodations, Personal Assistance 
Services, and Medical/Religious Exceptions (SBA 42), to its inventory 
of records systems subject to the Privacy Act of 1974, as amended. 
Publication of this notice complies with the Privacy Act and the Office 
of Management and Budget (OMB) Circular A-108 and Circular A-130. 
System of Records Notice (SORN) titled Reasonable Accommodations, 
Personal Assistance Services, and Medical/Religious Exceptions (SBA 
42), includes current and former SBA employees, applicants for 
employment, and members of the public that request reasonable 
accommodations, personal assistance services or medical/religious 
exceptions. Reasonable accommodations and personal services for former 
and current federal employees may be requested to perform work-related 
duties. SBA is fully committed to providing reasonable accommodation 
and personal assistance services to employees and SBA applicants for 
employment as part of the larger effort to foster an inclusive 
organizational culture that empowers all employees to realize their 
full potential. Members of the public may request reasonable 
accommodations to attend SBA sponsored events or meetings and to seek 
information or services from SBA's programs or products. Medical/
religious exceptions may be requested by employees and SBA applicants 
based on a medical condition or circumstance or a sincerely held 
religious belief, practice, or observance. All requests are processed 
through the Office of Diversity, Inclusion and Civil Rights (ODI&CR).

DATES: Submit comments on or before December 20, 2021. This new system 
will be effective upon publication.

ADDRESSES: You may submit comments on this notice by any of the 
following methods: Federal e-Rulemaking Portal: http://www.regulations.gov: Follow the instructions for submitting comments. 
Mail/Hand Delivery/Courier: Submit written comments to: Gaye Walker, 
Deputy Assistant Administrator, Office of Diversity, Inclusion and 
Civil Rights, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6400, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: General questions, please contact Dr. 
Zina Sutch, Assistant Administrator Office of Diversity, Inclusion, and 
Civil Rights, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6400, Washington, DC, 20416 or

[[Page 64984]]

via email, [email protected], telephone 202-836-0036. For Privacy 
related matters, please contact Keith A. Bluestein, Chief Information 
Officer/Senior Agency Official for Privacy, Office of the Chief 
Information Officer, U.S. Small Business Administration, 409 3rd Street 
SW, Suite 4000, Washington, DC, 20416 or via email to 
[email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, embodies fair information practice principles in a statutory 
framework governing how Federal agencies collect, maintain, use, and 
disseminate individuals' personal information. The Privacy Act applies 
to records about individuals that are maintained in a ``system of 
records.'' A system of records is any group of records under the 
control of a federal agency from which information is retrieved by the 
name of an individual or by a number, symbol or any other identifier 
assigned to the individual. The Privacy Act requires each federal 
agency to publish in the Federal Register a System of Records Notice 
(SORN) identifying and describing each system of records the agency 
maintains, the purpose for which the agency uses the Personally 
Identifiable Information (PII) in the system, the routine uses for 
which the agency discloses such information outside the agency, and how 
individuals can exercise their rights related to their PII information.
    The new Privacy Act system of records titled Reasonable 
Accommodations, Personal Assistance Services, and Medical/Religious 
Exceptions (SBA 42) will be used to provide notice to requesters for, 
and recipients of, reasonable accommodations, personal assistance 
services, and medical/religious exceptions through the ODI&CR. The 
mission of the ODI&CR is to champion a diverse workforce and inclusive 
culture by ensuring equal access and equitable treatment regarding 
employment and entrepreneurial endeavors.
    Requests for reasonable accommodations and personal assistance 
services may be made orally; however, such request must eventually be 
transferred to the applicable template.
    This system of records is comprised of electronic and hardcopy 
records managed by ODI&CR. SBA 42 will not have any undue impact on the 
privacy of individuals and its use is compatible with collection.

SYSTEM NAME AND NUMBER:
    Reasonable Accommodations, Personal Assistance Services, and 
Medical/Religious Exceptions (SBA 42).

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    Office of Diversity, Inclusion and Civil Rights, 409 Third Street 
SW, Suite 6400 Washington, DC 20416.

SYSTEM MANAGER(S):
    Gaye Walker, Deputy Assistant Administrator, Office of Diversity, 
Inclusion and Civil Rights, U.S. Small Business Administration, 409 3rd 
Street SW, Suite 6400, Washington, DC 20416 or via email 
[email protected], telephone: 202-205-6753.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Rehabilitation Act of 1973, as amended (29 U.S.C. 791 et seq.); the 
Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12102, 
12114); the Americans with Disabilities Act (ADA) Amendments Act of 
2008); Federal regulations (29 U.S.C. 791 et seq.); and 29 CFR 1614 and 
1630. 29 CFR part 1630 implements the Americans with Disabilities Act; 
Title VII of the Civil Rights Act of 1964 (Title VII), as amended--
codified at 42 U.S.C. 2000e et seq., Religious Freedom Restoration Act 
of 1993, Executive Order (E.O.)14043, ``Requiring Coronavirus Disease 
2019 Vaccination for Federal Employees''.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the System is to allow SBA to collect and maintain 
records on applicants for employment, employees (including former 
employees) and members of the public who request a reasonable 
accommodation under sections 501, 504, and 701 of the Rehabilitation 
Act of 1973 and under the ADA Amendments of 2008; employees who request 
or receive personal assistance services under Section 501, as amended, 
under the Rehabilitation Act; and employees requesting medical/
religious exceptions in compliance with E.O. 14043, ``Requiring 
Coronavirus Disease 2019 Vaccination for Federal Employees'', and any 
other applicable laws or regulations. In addition, the purpose of the 
system is to track and report to appropriate entities the processing of 
requests for reasonable accommodations, personal assistance services 
and medical/religious exception requests to ensure compliance with 
applicable laws and regulations, and to preserve and maintain the 
confidentiality of medical and religious affiliation information. 
Information in this system will be used to evaluate, approve, deny, 
and/or implement a request for reasonable accommodations personal 
assistance services, or medical/religious exceptions.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for employment, employees (current and former), and any 
other individuals who request(ed) or receive(d) a reasonable 
accommodation under Sections 501, 504, and 701 of the Rehabilitation 
Act of 1973 and under the ADA Amendments of 2008; employees who 
request(ed) or receive(d) personal assistance services under Section 
501, as amended, of the Rehabilitation Act; and employees requesting 
medical/religious exceptions per E.O. 14043. This also includes 
authorized individuals or representatives who file requests for 
reasonable accommodation on behalf of an application for employment, or 
who file requests for reasonable accommodations, personal assistance 
services or medical/religious exceptions on behalf of an employee, or 
other individual, as well as former employees who requested or received 
reasonable accommodations, personal assistance services or medical/
religious exceptions during their employment with SBA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include, but are not limited to:
     Requester's name, contact information (i.e., address, 
telephone number, email address and any other information provided), or 
other unique identifier.
     Requester's authorized representative's name and contact 
information (i.e., address, telephone number, email address and any 
other information provided).
     Requester's status (i.e., applicant, employee, or other).
     Request date.
     Meeting or other event for which the request was made 
(date and time of meeting/event, location).
     Job(s) (occupational series, grade level, and agency 
component) for which a reasonable accommodation or personal assistance 
service was requested.
     Information concerning the nature of any disability and 
the need for accommodation or assistance.
     Appropriate medical or other documentation provided in 
support of the request.
     Appropriate religious affiliation documents provided in 
support of the request.

[[Page 64985]]

     Details of a reasonable accommodation or personal 
assistance service request to include: Type(s) of accommodation or 
assistance requested; whether the accommodation requested was pre-
employment or during employment, or for some other reason; whether the 
assistance requested was during employment; how the requested 
accommodation would assist the individual in applying for a job, how 
the requested accommodation or assistance would assist the individual 
in performing current job functions, or meeting some other need/
requirement; the amount of time taken to process the request; whether 
the request was granted or denied and, if denied, the reason for the 
denial; and the sources of any assistance consulted in trying to 
identify possible reasonable accommodations or providing personal 
assistance services.

RECORD SOURCE CATEGORIES:
    Current and former SBA employees, applicants for employment, and 
members of the public.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 information 
contained in this system may be disclosed to authorized entities, as is 
determined to be relevant and necessary, outside SBA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To disclose information to medical personnel to meet a bona fide 
medical emergency.
    B. To the federal, state, local or foreign agency or professional 
organization which has responsibility for investigating, prosecuting, 
or enforcing violations, statutes, rules, regulations or orders issued 
when the Agency identifies a record, either alone or in conjunction 
with other information, which indicates a violation or potential 
violation of law.
    C. To disclose to an authorized appeal grievance examiner formal 
complaints examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official engaged in 
investigation or settlement, or a grievance, complaint, or appeal filed 
by an employee or applicant.
    D. To a court, magistrate, grand jury, or administrative tribunal, 
opposing counsel during such proceedings or in settlement negotiations 
when presenting evidence.
    E. To a Congressional office from an individual's record when that 
office is inquiring on the individual's behalf; the Member's access 
rights are no greater than the individuals.
    F. In a proceeding before a court, or adjudicative body, or a 
dispute resolution body before which SBA is authorized to appear or 
before which any of the following is a party to litigation or has an 
interest in litigation, provided, however, that SBA determines that the 
use of such records is relevant and necessary to the litigation, and 
that, in each case, SBA determines that disclosure of the records to a 
court or other adjudicative body is a use of the information contained 
in the records that is a compatible purpose for which the records were 
collected: SBA, or any SBA component; any SBA employee in their 
official capacity; any SBA employee in their individual capacity where 
DOJ has agreed to represent the employee; or The United States 
Government, where SBA determines that litigation is likely to affect 
SBA or any of its components.
    G. To another federal agency or commission with responsibility for 
labor or employment relations or other issues, including equal 
employment opportunity and reasonable accommodation or personal 
assistance service issues, when that agency or commission has 
jurisdiction over reasonable accommodation or personal assistance 
service.
    H. To the Office of Management and Budget, Department of Justice 
(DOJ), Department of Labor, Office of Personnel Management, Equal 
Employment Opportunity Commission, or Office of Special Counsel to 
obtain advice regarding statutory, regulatory, policy, and other 
requirements related to reasonable accommodation or personal assistance 
service.
    I. 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 deemed by the SBA to be relevant or necessary to the 
litigation or the SBA has an interest in such litigation when any of 
the following are a party to the litigation or have an interest in the 
litigation: (1) Any employee or former employee of SBA in their 
official capacity; (2) Any employee or former employee of SBA in their 
individual capacity when DOJ or SBA has agreed to represent the 
employee or a party to the litigation or have an interest in the 
litigation; or (3) The United States or any agency thereof.
    J. To the National Archives and Records Administration (NARA) or 
General Services Administration (GSA) pursuant to records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
    K. To an agency or organization, including the SBA's Office of 
Inspector General, for the purpose of performing audit or oversight 
operations as authorized by law, but only such information as is 
necessary and relevant to such audit or oversight function.
    L. To appropriate agencies, entities, and persons when (1) SBA 
suspects or has confirmed that there has been a breach of the system of 
records, (2) SBA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, SBA (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 SBA's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    M. To another federal agency or federal entity, when SBA 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.
    N. To SBA contractors, grantees, volunteers, interns, regulators, 
and experts who have been engaged by SBA to assist in the performance 
and performance improvement of a service related to this system of 
records and who need access to the records to perform this activity 
which may also include for regulatory purpose. Recipients of these 
records shall be required to comply with the requirements of the 
Privacy Act of 1974, as amended, 5 U.S.C. 552a.
    O. To consultants, contractor personnel, entities, vendors or 
suppliers, employees of other government agencies, whether federal, 
state or local, as necessary to consider a request for accommodation or 
to implement the decision.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic files. Maintained in locked file cabinets and 
cloud platform.

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POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name of individual, program/staff office, 
or request date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained in accordance with latest edition SBA 
Standard Operating Procedure (SOP) series 00 41, schedules Records 
Management Records and Agency Accountability Records. Records 
maintained as part of the General Records Schedules (GRS) are disposed 
of in accordance with applicable SBA policies.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access and use are limited to persons with official need to know. 
Users are evaluated on a recurring basis to ensure need-to-know still 
exists. Safeguards are implemented in accordance with the Federal 
Information Security Modernization Act of 2014 (FISMA) and are 
evaluated on a recurring basis to ensure desired operation.

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to records about them should 
submit a Privacy Act request to the SBA Chief, Freedom of Information 
and Privacy Act Office, U.S. Small Business Administration, 409 Third 
St. SW, Eighth Floor, Washington, DC 20416 or [email protected]. Individuals 
must provide their full name, mailing address, personal email address, 
telephone number, and a detailed description of the records requested. 
Individuals requesting access must also follow SBA's Privacy Act 
regulations regarding verification of identity and access to records 
(13 CFR part 102 subpart B).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to contest information contained in records 
about them should submit a Privacy Act request to the SBA Chief, 
Freedom of Information and Privacy Act Office, U.S. Small Business 
Administration, 409 Third St. SW, Eighth Floor, Washington, DC 20416 or 
[email protected]. Individuals must provide their full name, mailing 
address, personal email address, telephone number, and a detailed 
description of the records contested. Requesting individuals must 
follow SBA's Privacy Act regulations regarding verification of identity 
and access to records (13 CFR part 102 subpart B).

NOTIFICATION PROCEDURES:
    Individuals may make record inquiries in person at the address 
listed below or in writing to the Systems Manager through the SBA 
Chief, Freedom of Information and Privacy Act Office, U.S. Small 
Business Administration, 409 Third St. SW, Eighth Floor, Washington, DC 
20416 or [email protected].

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Zina Sutch,
Assistant Administrator, Office of Diversity, Inclusion and Civil 
Rights.
[FR Doc. 2021-25232 Filed 11-18-21; 8:45 am]
BILLING CODE 8026-03-P