Privacy Act of 1974; System of Records, 62776-62779 [2021-24664]

Agencies

• Commission on Civil Rights

[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62776-62779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24664]


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 COMMISSION ON CIVIL RIGHTS


Privacy Act of 1974; System of Records

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of a new system of records.

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

DATES: Submit comments on or before December 13, 2021. This new system 
is effective upon publication in the Federal Register, except for the 
routine uses, which are effective December 17, 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: 
David Ganz, General Counsel, United States Commission on Civil Rights 
at [email protected] or TinaLouise Martin, Director, Office of 
Management, U.S. Commission on Civil Rights at [email protected]. 
Please put ``Reasonable Accommodations SORN'' in the subject line of 
your email.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
the Commission proposes to establish a new system of records titled, 
``CCR/Internal--Reasonable Accommodations Records.'' This system of 
records covers the Commission's collection and maintenance of records 
on applicants for employment, employees, and other individuals who 
participate in Commission programs or activities who request or receive 
reasonable accommodations or other appropriate modifications from the

[[Page 62777]]

Commission 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. The Commission 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.
    The Commission's Office of Management processes requests for 
reasonable accommodations from employees and applicants for employment, 
respectively, who require an accommodation due to a medical or 
religious reason. The Commission's Office of Management 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 Commission 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 with the Commission, 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.
    The Commission 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 Commission's inventory of record systems.

U.S. Commission on Civil Rights.
David Ganz,
General Counsel.

SYSTEM NAME AND NUMBER:
    United States Commission on Civil Rights, CCR/Internal--Reasonable 
Accommodations Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained primarily by the U.S. Commission on Civil 
Rights, Office of Management located at Pennsylvania Ave. NW, Suite 
1150, Washington, DC 20425. Records may be located in locked cabinets 
and offices, on the Commission's local area network, or in designated 
U.S. data centers for FedRAMP-authorized cloud service providers.

SYSTEM MANAGER(S):
    Director of Management, U.S. Commission on Civil Rights, 
Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425, 
[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 the Commission to 
collect and maintain records on applicants for employment, employees, 
and other individuals who participate in Commission programs or 
activities who request or receive reasonable accommodations or other 
appropriate modifications from the Commission for medical or religious 
reasons; to process, evaluate, and make decisions on individual 
requests; and to track and report the processing of such requests 
Commission-wide to comply with applicable requirements in law and 
policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for Federal employment and Federal employees who 
requested and/or received reasonable accommodations or other 
appropriate modifications from Commission for medical or religious 
reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    [ballot] Requester's name;
    [ballot] Requester's status (applicant or current employee);
    [ballot] Date of request;
    [ballot] Employee's position title, grade, series, step;
    [ballot] Position title, grade, series, step of the position the 
requester is applying for;
    [ballot] Requester's contact information (addresses, phone numbers, 
and email addresses);
    [ballot] Description of the requester's medical condition or 
disability and any medical documentation provided in support of the 
request;
    [ballot] 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;
    [ballot] Description of the accommodation being requested;
    [ballot] Description of previous requests for accommodation;
    [ballot] Whether the request was made orally or in writing;
    [ballot] Documentation by a Commission 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 
Commission official from meeting the relevant timeframe;

[[Page 62778]]

    [ballot] Whether the request for reasonable accommodation was 
granted or denied, and if denied the reason for the denial;
    [ballot] The amount of time taken to process the request;
    [ballot] The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
    [ballot] Any reports or evaluations prepared in determining whether 
to grant or deny the request; and,
    [ballot] 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 the Commission, 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 the 
Commission 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) The Commission, or any component thereof;
    (2) Any employee or former employee of the Commission in his or her 
official capacity;
    (3) Any employee or former employee of the Commission in his or her 
capacity where the Department of Justice or the Commission 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 Commission's 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) the 
Commission suspects or has confirmed that there has been a breach of 
the system of records; (2) the Commission has determined that as a 
result of the suspected or confirmed breach, there is a risk of harm to 
individuals, the Commission (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 the 
Commission'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 the Commission 
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 the Commission when the Commission 
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 Commission 
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 another 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 the Commission's compliance with the laws, regulations, and 
policies governing reasonable accommodation requests.
    n. To another Federal agency pursuant to a written agreement with 
the Commission 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 
the Commission'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 
the General Records Schedule 2.3 and are destroyed three years after 
separation from the agency or all appeals are concluded, whichever is 
later, but

[[Page 62779]]

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. Commission security measures are in compliance with the 
Federal Information Security Modernization Act (Pub. L. 113-283), 
associated Commission 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 person or in writing to 
the Office of the General Counsel, United State Commission on Civil 
Rights 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425 or 
by emailing [email protected]. The words ``Privacy Act Request'' should 
be placed in on the face of the envelope in order to facilitate 
requests by mail. Individuals must furnish the following information 
for their records to be located:
    1. Full name;
    2. Reasonably specific description of the information sought 
including the nature of the records sought and, if possible, the 
approximate dates covered by the record; and,
    3. If the request is made by mail, the address to which the 
information should be sent.
    The individual requesting access to the records must also comply 
with the Commission's regulations regarding verification of identity 
(45 CFR 705.4).

CORRECTING OR AMENDING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about them 
contained in this system of records may do so by writing to the General 
Counsel, United State Commission on Civil Rights, 1331 Pennsylvania 
Ave. NW, Suite 1150, Washington, DC 20425 or by emailing 
[email protected]. Requests for amendment of records should include the 
following information for their records to be located:
    1. The name of the individual requesting the correction or 
amendment.
    2. The name of the system of records in which the record sought to 
be amended is maintained.
    3. The location of the record system from which the record was 
obtained.
    4. A copy of the record sought to be amended or a description of 
that record.
    5. A statement of the material in the record that should be 
corrected or amended.
    6. A statement of the specific wording of the correction or 
amendment sought.
    7. A statement of the basis for the requested correction or 
amendment, including any material that the individual can furnish to 
substantiate the reasons for the amendment sought.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-24664 Filed 11-10-21; 8:45 am]
BILLING CODE 6335-01-P