[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72643-72646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27726]


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OFFICE OF SPECIAL COUNSEL


Privacy Act; System of Records

AGENCY: U.S. Office of Special Counsel.

ACTION: Notice of a new system of records.

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SUMMARY: The U.S. Office of Special Counsel (OSC) seeks, in accordance 
with the Privacy Act of 1974, to establish a new system of records 
titled, ``Office of Special Counsel, OSC-4, Reasonable Accommodation 
Records.'' This system of records allows OSC to collect and maintain 
information from employees who request accommodations from OSC for 
medical or religious reasons.

DATES: Written comments should be received on or before January 21, 
2022.

ADDRESSES: You may submit written comments by mail to the: U.S. Office 
of Special Counsel, Office of the Clerk, 1730 M St. NW, Washington, DC 
20036; or by email via: [email protected].

FOR FURTHER INFORMATION CONTACT: Amy Beckett, Senior Litigation 
Counsel, by telephone at (202) 804-7000, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: OSC is a permanent independent federal 
investigative and prosecutorial agency. OSC's basic authorities come 
from four federal statutes: The Civil Service Reform Act, the 
Whistleblower Protection Act, the Hatch Act, and the Uniformed Services 
Employment & Reemployment Rights Act (USERRA). OSC's primary mission is 
to safeguard the merit system by protecting federal employees and 
applicants from prohibited personnel practices, especially reprisal for 
whistleblowing, and to serve as a safe channel for allegations of 
wrongdoing.
    Title V of the Rehabilitation Act of 1973, as amended, prohibits 
discrimination in services and employment based on disability, and 
Title VII of the Civil Rights Act of 1974 prohibits discrimination, 
including based on religion. These prohibitions on discrimination 
require Federal agencies to provide reasonable accommodations to 
individuals with disabilities and those with sincerely held religious 
beliefs unless doing so would impose an undue hardship. In addition, 
some individuals may request modifications to their workspace, 
schedule, duties, or other requirements for reasons that may not 
qualify as a disability but may lead to an appropriate modification to 
workplace policies and practices.
    In accordance with the Privacy Act of 1974, OSC proposes to 
establish a new system of records that allows OSC to collect and 
maintain information from employees who request reasonable 
accommodations from OSC for medical or religious reasons. Employees 
include applicants for employment and other individuals who participate 
in OSC programs and activities and who request reasonable 
accommodations and/or other appropriate modifications from OSC for 
medical or religious reasons.

SYSTEM NAME AND NUMBER:
    Office of Special Counsel, OSC-4, Reasonable Accommodation Records.

SECURITY CLASSIFICATION:
    OSC's work related to this system of records would not ordinarily 
involve records that contain classified information. In the event there 
is classified information, OSC would maintain such records using 
methods approved for handling classified material.

[[Page 72644]]

SYSTEM LOCATION:
    Records are primarily maintained electronically by the Chief Human 
Capital Officer on OSC's Microsoft Enterprise System and/or in 
designated FedRAMP-authorized cloud service providers.

SYSTEM MANAGER(S):
    Chief Information Officer and Chief Human Capital Officer, U.S. 
Office of Special Counsel, 1730 M St. NW, Suite 218, Washington, DC 
20006, [email protected] and [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act of 1973, 29 U.S.C. 701, 791, 794; Title VII 
of the Civil Rights Act of 1964, 42 U.S.C. 2000e; 29 CFR 1605 
(Guidelines on Discrimination Because of Religion); 29 CFR 1614 
(Federal Sector Equal Employment Opportunity); 29 CFR 1614 (Regulations 
to Implement the Equal Employment Provisions of the Americans With 
Disabilities Act); 5 U.S.C. 302, 1103; Executive Order 13164, Requiring 
Federal Agencies to Establish Procedures to Facilitate the Provision of 
Reasonable Accommodation (July 26, 2000); and Executive Order 13548, 
Increasing Federal Employment of Individuals with Disabilities (July 
26, 2010).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to allow OSC to collect 
and maintain records on employees, applicants for employment, and other 
individuals who participate in OSC programs or activities, who request 
from OSC an accommodation or other modification for medical or 
religious reasons; to process, evaluate, and make decisions on 
individual requests; and to track and report the processing of such 
requests OSC-wide to comply with applicable requirements in law and 
policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for Federal employment, Federal employees, and visitors 
to Federal buildings who request a reasonable accommodation or other 
appropriate modifications from OSC for medical or religious reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The principal types of records in the system are requests for 
reasonable accommodations that include the following:
    [ssquf] Requester's name;
    [ssquf] Requester's status (applicant or current employee);
    [ssquf] Date of request;
    [ssquf] Employee's position title, grade, series, step;
    [ssquf] Position title, grade, series, step of the position the 
requester is applying for;
    [ssquf] Requester's contact information (addresses, phone numbers, 
and email addresses);
    [ssquf] Description of the requester's medical condition or 
disability and any medical documentation provided in support of the 
request;
    [ssquf] Requester's statement of a sincerely held religious belief 
and any additional information provided concerning that religious 
belief and the need for an accommodation to exercise that belief;
    [ssquf] Description of the accommodation being requested;
    [ssquf] Description of previous requests for accommodation;
    [ssquf] Whether the request was made orally or in writing;
    [ssquf] Documentation by an OSC official concerning whether the 
disability is obvious, and the accommodation is obvious and 
uncomplicated, whether medical documentation is required to evaluate 
the request, whether research is necessary regarding possible 
accommodations, and any extenuating circumstances that prevent the OSC 
official from meeting the relevant timeframe;
    [ssquf] Whether the request for reasonable accommodation was 
granted or denied, and if denied the reason for the denial;
    [ssquf] The amount of time taken to process the request;
    [ssquf] The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
    [ssquf] Any reports or evaluations prepared in determining whether 
to grant or deny the request; and
    [ssquf] Any other information collected or developed in connection 
with the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals who request a 
reasonable accommodation or other appropriate modification from OSC; 
directly or indirectly from appropriate medical professionals; directly 
or indirectly from an individual's religious or spiritual advisors or 
institutions; and from management officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The following routine uses permit OSC to:
    a. Disclose information to appropriate federal entities with 
subject matter expertise to the extent necessary to obtain advice on 
any authorities, programs, or functions associated with records in this 
system;
    b. Disclose information to the Office of Personnel Management (OPM) 
pursuant to Civil Service Rule 5.4 (5 CFR 5.4), or obtain an advisory 
opinion concerning the application or effect of civil service laws, 
rules, regulations, or OPM guidelines in particular situations;
    c. Disclose to the Equal Employment Opportunity Commission or any 
other agency or office concerned with the enforcement of the anti-
discrimination laws, information concerning the reasonable 
accommodation;
    d. Disclose information to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purpose(s) of the request, and to 
identify the type of information requested), where necessary to obtain 
information relevant to an agency decision concerning: The grant or 
denial of a medical or religious accommodation or modification;
    e. Provide information to a congressional office from the record of 
an individual in response to an inquiry from that congressional office 
(made at the written request of that individual);
    f. Furnish information to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906, or other functions authorized by 
laws, regulations, and policies governing NARA operations and OSC 
records management responsibilities;
    g. Disclose information when consulting with, or referring a record 
to, another Federal entity for the purpose of making a decision on a 
request for information under the FOIA or the Privacy Act; or to the 
Office of Government Information Services established at NARA by the 
Open Government Act of 2007, which amended the FOIA, for the purpose of 
conducting mediation and otherwise resolving disputes under FOIA;
    h. Disclose records to the Department of Justice (DOJ) when: 1. Any 
of the following entities or individuals is a party to litigation or 
has an interest in litigation: A. The OSC; B. Any employee of OSC in 
their official capacity; C. Any employee of OSC in their individual 
capacity whom DOJ has been asked or agreed to represent; or D. The 
United States, where OSC determines that OSC will be affected by the 
litigation; and 2. OSC determines that use of the records by DOJ is 
relevant and necessary to the litigation;
    i. Disclose records in a proceeding before a court or adjudicative 
body, before which OSC is authorized to appear, when: 1. Any of the 
following entities or individuals is a party to, or

[[Page 72645]]

has an interest in the proceedings: A. OSC; B. Any employee of OSC in 
their official capacity; C. Any employee of OSC in their individual 
capacity whom OSC has agreed to represent; or D. The United States, 
where OSC determines that OSC will be affected by the proceedings; and 
2. OSC determines that use of the records is relevant and necessary to 
the proceedings;
    j. Disclose information to first aid and safety personnel if the 
individual requires emergency treatment;
    k. Disclose information to an Office of Inspector General (OIG) or 
comparable internal inspection, audit, or oversight office of an agency 
for the purpose of facilitating the coordination and conduct of 
investigations and review of allegations within the purview of both OSC 
and the agency OIG or comparable office; or in notifying an OIG (or 
comparable office) of the disposition of matters referred by the OIG 
(or comparable office) to OSC;
    l. Disclose information to the news media and the public when (1) 
the matter under investigation has become public knowledge, (2) the 
Special Counsel determines that disclosure is necessary to preserve 
confidence in the integrity of the OSC investigative process or is 
necessary to demonstrate the accountability of OSC officers, employees, 
or individuals covered by this system, or (3) the Special Counsel 
determines that there exists a legitimate public interest (e.g., to 
demonstrate that the law is being enforced, or to deter the commission 
of prohibited personnel practices, prohibited political activity, and 
other prohibited activity within OSC's jurisdiction), except to the 
extent that the Special Counsel determines in any of these situations 
that disclosure of specific information in the context of a particular 
case would constitute an unwarranted invasion of personal privacy;
    m. Disclose information to another Federal agency or oversight body 
charged with evaluating OSC's compliance with the laws, regulations, 
and policies governing reasonable accommodation requests;
    n. Disclose information to another Federal agency pursuant to a 
written agreement with OSC to provide services (such as medical 
evaluations), when necessary, in support of reasonable accommodation 
decisions;
    o. Disclose information to agency contractors, experts, 
consultants, detailees, or non-OSC employees performing or working on a 
contract, service, or other activity related to the system of records, 
when necessary to accomplish an agency function related to the system;
    p. Make lists and reports available to the public pursuant to 5 
U.S.C. 1219;
    q. Disclose information: 1. To appropriate agencies, entities, and 
persons when: (1) OSC suspects or has confirmed that there has been a 
breach of the system of records; (2) OSC has determined that as a 
result of the suspected or confirmed compromise there is a risk of harm 
to individuals, OSC (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 OSC's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm; 2. To another Federal agency, or Federal entity when OSC 
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;
    r. Disclose pertinent information to the appropriate federal, 
state, or local agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order where 
the record, either alone or in conjunction with other information, 
indicates a violation or potential violation of civil or criminal law 
or regulation; and
    s. Disclose information to the Integrity Committee established 
under section 11(d) of the Inspector General Act of 1978, when needed 
because of receipt, review or referral to the Integrity Committee under 
section 7(b) of Public Law 110-409; or as needed for a matter referred 
to OSC by the Integrity Committee.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system of records are stored electronically on 
OSC's Microsoft Enterprise System and/or in designated FedRAMP-
authorized cloud service providers segregated from non-government 
traffic and data. Access is limited to those agency personnel who have 
an official need for access to perform their duties and who have 
appropriate clearances or permissions. OSC requires new employees to 
read and acknowledge agency directives, including information 
technology user roles and responsibilities, records management, and 
privacy protection. OSC requires all employees to complete annual 
cybersecurity awareness training.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name or other unique personal 
identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system of records are maintained in accordance with 
GRS 2.3 and are destroyed three (3) years after separation from the 
agency or all appeals are concluded, whichever is later, but longer 
retention is authorized if requested for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in the system are protected from unauthorized access and 
misuse through various administrative, technical, and electronic 
security measures. OSC's security measures are in compliance with the 
Federal Information Security Modernization Act (Pub. L. 113-283), 
associated OSC's policies, and applicable standards and guidance from 
the National Institute of Standards and Technology. Controls are in 
place to minimize the risk of compromising the information that is 
electronically stored. Access to the paper and electronic records in 
this system of records is limited to those individuals who have a need 
to know the information for the performance of their official duties 
and who have appropriate clearances or permissions.

RECORDS ACCESS PROCEDURES:
    Individuals who wish to seek notification of and/or access to their 
records in the system of records should contact OSC's FOIA/Privacy Act 
Officer, U.S. Office of Special Counsel by mail at 1730 M Street NW, 
Suite 218, Washington, DC 20036; or by email at [email protected]. To 
assist in the process of locating and identifying records, individuals 
should furnish the following: Name and home address; business title and 
address; any other known identifying information such as an agency file 
number or identification number; a description of the circumstances 
under which the records were compiled; and any other information deemed 
necessary by OSC to properly process the request. Requesters should 
reasonably describe the records they seek. Rules about FOIA access are 
in 5 CFR 1820 and rules about Privacy Act access are in 5 CFR 1830.

[[Page 72646]]

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest records about themselves should 
contact OSC's Privacy Act Officer, identify any information they 
believe should be corrected, and furnish a statement of the basis for 
the requested correction along with all available supporting documents 
and materials. See OSC Privacy Act regulations at 5 CFR part 1830.

NOTIFICATION PROCEDURES:
    Individuals who wish to inquire whether this system contains 
information about them should follow the Record Access procedures noted 
above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Date: December 16, 2021.
Travis Millsaps,
Deputy Special Counsel for Public Policy.
[FR Doc. 2021-27726 Filed 12-21-21; 8:45 am]
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