Privacy Act of 1974; System of Records, 60648-60652 [2021-24064]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[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]


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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.

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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: https://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 https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://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