Privacy Act of 1974; System of Records, 59435-59437 [2021-23347]

Agencies

• Office of Personnel Management

[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59435-59437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23347]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; System of Records

AGENCY: Office of Personnel Management.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Office of 
Personnel Management (OPM) proposes to establish a new system of 
records titled, ``OPM/Internal--25 Reasonable Accommodations Records.'' 
This system of records will include information that OPM collects and 
maintains on applicants for employment and employees who request and/or 
receive reasonable accommodations from OPM for medical or religious 
reasons.

DATES: Submit comments on or before November 26, 2021. This new system 
is effective upon publication in the Federal Register, except for the 
routine uses, which are effective December 1, 2021.

ADDRESSES: You may submit written comments through the Federal 
Rulemaking Portal: https://www.regulations.gov. All submissions received 
must include the agency name and docket number for this Federal 
Register document. The general policy for comments and other 
submissions from members of the public is to make them available for 
public viewing on the internet at https://www.regulations.gov as they 
are received without change, including any personal identifiers or 
contact information.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Carmen Garcia, Deputy Chief Human Capital Officer, OPM Human Resources, 
Office of Personnel Management, at [email protected]. For privacy 
questions, please contact: Kellie Cosgrove Riley, Chief Privacy 
Officer, Office of Personnel Management, at [email protected] or call 
202-360-6065. Please put ``Reasonable Accommodations SORN'' in the 
subject line of your email.

SUPPLEMENTARY INFORMATION: 
    In accordance with the Privacy Act of 1974, the Office of Personnel 
Management (OPM) proposes to establish a new system of records titled, 
``OPM/Internal--25, Reasonable Accommodations Records.'' This system of 
records covers OPM's collection and maintenance of records on 
applicants for employment, employees, and other individuals who 
participate in OPM programs or activities who request or receive 
reasonable accommodations or other appropriate modifications from OPM 
for medical or religious reasons.
    Title V of the Rehabilitation Act of 1973, as amended, prohibits 
discrimination in services and employment on the basis of disability, 
and Title VII of the Civil Rights Act of 1974 prohibits discrimination, 
including on the basis of 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 some instances, individuals may request modifications to 
their workspace, schedule, duties, or other requirements for documented 
medical reasons that may not qualify as a disability but may 
necessitate an appropriate modification to workplace policies and 
practices. OPM may address those requests pursuant to the general 
authority of the Director contained in Title V of the United States 
Code.
    Reasonable accommodations may include, but are not limited to: 
Making existing facilities readily accessible to individuals with 
disabilities; restructuring jobs, modifying work schedules or places of 
work, and providing flexible scheduling for medical appointments or 
religious observance; acquiring or modifying equipment or examinations 
or training materials; providing qualified readers and interpreters, 
personal assistants, service animals; granting permission to wear 
religious dress, hairstyles, or facial hair or to observe a religious 
prohibition against wearing certain garments; considering requests for 
medical and religious exemptions to specific workplace requirements; 
and making other modifications to workplace policies and practices.
    OPM's Office of Human Resources and OPM's Human Resource Solutions 
program process requests for reasonable accommodations from employees 
and applicants for employment, respectively, who require an 
accommodation due to a medical or religious reason; OPM's Human 
Resources also processes requests based on documented medical reasons 
that may not qualify as a disability but that necessitate an 
appropriate modification to workplace policies and practices. Other OPM 
offices may also receive such requests related to programs or 
activities for which they are responsible. The request, documentation 
provided in support of the request, any evaluation conducted 
internally, or by a third party under contract to OPM, the decision 
regarding whether to grant or deny a request, and the details and 
conditions of the reasonable accommodation are all included in this 
system of records.
    OPM has provided a report of this system of records to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget (OMB), 
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act,'' dated December 23, 2016. This system will be included in 
the OPM inventory of record systems.


[[Page 59436]]


U.S. Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.

SYSTEM NAME AND NUMBER:
    Office of Personnel Management, OPM/Internal--25 Reasonable 
Accommodations Records

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained primarily by the Office of Personnel 
Management's Human Resources Office, 1900 E Street NW, Washington, DC 
20415, and by the Human Resource Solutions Office, Office of Personnel 
Management, 4685 Log Cabin Dr., Macon, GA. Records may be located in 
locked cabinets and offices, on OPM's local area network, or in 
designated U.S. data centers for FedRAMP-authorized cloud service 
providers.

SYSTEM MANAGER(S):
    Chief Human Capital Officer, U.S. Office of Personnel Management, 
1900 E Street NW, Washington, DC 20415, [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 OPM to collect 
and maintain records on applicants for employment, employees, and other 
individuals who participate in OPM programs or activities who request 
or receive reasonable accommodations or other appropriate modifications 
from OPM for medical or religious reasons; to process, evaluate, and 
make decisions on individual requests; and to track and report the 
processing of such requests OPM-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 requested and/or received reasonable 
accommodations or other appropriate modifications from OPM for medical 
or religious reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Requester's name;
     Requester's status (applicant or current employee);
     Date of request;
     Employee's position title, grade, series, step;
     Position title, grade, series, step of the position the 
requester is applying for;
     Requester's contact information (addresses, phone numbers, 
and email addresses);
     Description of the requester's medical condition or 
disability and any medical documentation provided in support of the 
request;
     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;
     Description of the accommodation being requested;
     Description of previous requests for accommodation;
     Whether the request was made orally or in writing;
     Documentation by an OPM 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 OPM 
official from meeting the relevant timeframe;
     Whether the request for reasonable accommodation was 
granted or denied, and if denied the reason for the denial;
     The amount of time taken to process the request;
     The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
     Any reports or evaluations prepared in determining whether 
to grant or deny the request; and
     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 and/or 
receive a reasonable accommodation or other appropriate modification 
from OPM, directly or indirectly from an individual's medical provider 
or another medical professional who evaluates the request, 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:
    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 OPM as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Justice, including Offices of the U.S. 
Attorneys; another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party in litigation before a court, adjudicative, or 
administrative body; or to a court, adjudicative, or administrative 
body. Such disclosure is permitted only when it is relevant or 
necessary to the litigation or proceeding, and one of the following is 
a party to the litigation or has an interest in such litigation:
    (1) OPM, or any component thereof;
    (2) Any employee or former employee of OPM in his or her official 
capacity;
    (3) Any employee or former employee of OPM in his or her capacity 
where the Department of Justice or OPM has agreed to represent the 
employee;
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the OPM General Counsel's approval, pursuant to 5 CFR part 295 or 
otherwise.
    b. To the appropriate Federal, State, or local agency responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order, when a record, either on its face or in 
conjunction with other information, indicates or is relevant to a 
violation or potential violation of civil or criminal law or 
regulation.
    c. To a member of Congress from the record of an individual in 
response to an inquiry made at the request of the individual to whom 
the record pertains.
    d. To the National Archives and Records Administration (NARA) for 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    e. To appropriate agencies, entities, and persons when (1) OPM 
suspects or has confirmed that there has been a breach of the system of 
records; (2) OPM has determined that as a result of the

[[Page 59437]]

suspected or confirmed breach, there is a risk of harm to individuals, 
OPM (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 OPM's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    f. To another Federal agency or Federal entity, when OPM 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.
    g. To contractors, grantees, experts, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for OPM when OPM determines that it is 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to OPM employees.
    h. 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.
    i. To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official engages in 
investigation or settlement of a grievance, complaint, or appeal filed 
by an individual who requested a reasonable accommodation or other 
appropriate modification.
    j. To another Federal agency, including but not limited to the 
Equal Employment Opportunity Commission and the Office of Special 
Counsel to obtain advice regarding statutory, regulatory, policy, and 
other requirements related to reasonable accommodation.
    k. To a Federal agency or entity authorized to procure assistive 
technologies and services in response to a request for reasonable 
accommodation.
    l. To first aid and safety personnel if the individual's medical 
condition requires emergency treatment.
    m. To another Federal agency or oversight body charged with 
evaluating OPM's compliance with the laws, regulations, and policies 
governing reasonable accommodation requests.
    n. To another Federal agency pursuant to a written agreement with 
OPM to provide services (such as medical evaluations), when necessary, 
in support of reasonable accommodation decisions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system of records are stored electronically on 
OPM's local area network or with FedRAMP-authorized cloud service 
providers segregated from non-government traffic and data, with access 
limited to a small number of personnel. In addition, paper records are 
stored in locked file cabinets in access-restricted offices.

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 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 physical security 
measures. OPM security measures are in compliance with the Federal 
Information Security Modernization Act (Pub. L. 113-283), associated 
Office of Management and Budget policies, and applicable standards and 
guidance from the National Institute of Standards and Technology. 
Strict controls have been imposed to minimize the risk of compromising 
the information that is 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 seeking notification of and access to their records in 
this system of records may submit a request in writing to the U.S. 
Office of Personnel Management, Office of Privacy and Information 
Management--FOIA, 1900 E Street NW, Room: 5H35, Washington, DC 20415-
7900, ATTN: OPM HR; or by emailing [email protected]. Individuals must 
furnish the following information for their records to be located:
    1. Full name.
    2. Signature.
    3. The reason why the individual believes this system contains 
information about him/her.
    4. The address to which the information should be sent.
    Individuals requesting access must also comply with OPM's Privacy 
Act regulations regarding verification of identity and access to 
records (5 CFR 297).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about them 
contained in this system of records may do so by writing to the U.S. 
Office of Personnel Management, Office of Privacy and Information 
Management--FOIA, 1900 E Street NW, Room: 5H35, Washington, DC 20415-
7900, ATTN: OPM HR; or by emailing [email protected]. Requests for amendment 
of records should include the words ``PRIVACY ACT AMENDMENT REQUEST'' 
in capital letters at the top of the request letter or in the subject 
line of the email. Individuals must furnish the following information 
for their records to be located:
    1. Full name.
    2. Signature.
    3. Precise identification of the information to be amended.
    Individuals requesting amendment must also comply with OPM's 
Privacy Act regulations regarding verification of identity and access 
to records (5 CFR 297).

NOTIFICATION PROCEDURES:
    See ``Record Access Procedure.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-23347 Filed 10-26-21; 8:45 am]
BILLING CODE 6325-45-P