Privacy Act of 1974; System of Records, 64458-64462 [2021-24868]

Agencies

• Corporation for National and Community Service

[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64458-64462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24868]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE


Privacy Act of 1974; System of Records

AGENCY: Corporation for National and Community Service.

ACTION: Notice of a new system of records (SORN).

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Corporation for National and Community Service (CNCS, operating as 
AmeriCorps) is issuing a public notice of its intent to create the 
AmeriCorps Privacy Act system of records ``Personal Health and 
Religious Information.'' This system of records maintains personal 
health and religious information collected in response to (1) medical-
based and religious-based reasonable accommodation requests; (2) public 
health emergency or similar health and safety incidents, such as a 
pandemic, epidemic, or man-made emergency; and/or (3) any other lawful 
collection of health-related information that is necessary to ensure a 
safe and healthy environment for individuals who are occupying 
AmeriCorps facilities, attending AmeriCorps-sponsored events, 
participating in AmeriCorps programs, or otherwise engaged in official 
business on behalf of the agency. The system of records will assist the 
agency in the collection, storing, dissemination, and disposal of 
personal health and religious information collected and maintained by 
the agency.

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

ADDRESSES: Commenters are strongly encouraged to submit public comments 
electronically. AmeriCorps expects to have limited personnel available 
to process public comments that are submitted on paper through mail. 
Until further notice, any comments submitted on paper will be 
considered only to the extent practicable. All submissions must include 
the agency's name (AmeriCorps) and reference this notice. You may 
submit comments, identified by system name and number via any of the 
following methods:
    1. Electronically through regulations.gov. Once you access 
regulations.gov, locate the web page for this System of Records Notice 
(SORN) by searching for CNCS-10-CEO-PHRI-Personal Health and Religious 
Information. If you upload any files, please make sure they include 
your first name, last name, and the name of the proposed SORN.
    2. By email at [email protected].
    3. By mail: AmeriCorps, Attn: Chief Privacy Officer, OIT, 250 E 
Street SW, Washington, DC 20525.
    4. By hand delivery or courier to AmeriCorps at the address for 
mail between 9:00 a.m. and 4:00 p.m. Eastern Standard Time, Monday 
through Friday, except for Federal holidays.
    Please note that all submissions received may be posted without 
change to the agency's website and to regulations.gov, including any 
personal information.

FOR FURTHER INFORMATION CONTACT: Ayanna McKinnon, Office of General 
Counsel, 202-914-8966, [email protected] or Bilal Razzaq, Chief Privacy 
Officer and Chief Information Security Officer, 202-948-9711, 
[email protected]. If you have general questions about the system of 
record, you may email them to [email protected] or mail them to the 
address in the ADDRESSES section above. Please include the system of 
record's name and number.

SUPPLEMENTARY INFORMATION: Additional information about AmeriCorps is 
available at https://americorps.gov/.

I. Background

    AmeriCorps will maintain the ``Personal Health and Religious 
Information'' system of records. AmeriCorps is committed to providing 
all employees (including political appointees, career employees, 
detailees, and interns), applicants and candidates for employment, 
contractors, national service members, volunteers, applicants and 
candidates for AmeriCorps national service programs, and occupants of, 
and visitors to, its facilities, with a safe and healthy environment. 
To ensure and maintain the safety of all parties during standard 
operations and public health

[[Page 64459]]

emergencies or similar health and safety incidents, such as a pandemic, 
epidemic, or man-made emergency, AmeriCorps may develop and institute 
additional safety measures that require the collection of personal 
health or religious information, as applicable.
    AmeriCorps is committed to providing medical-based reasonable 
accommodation to qualified AmeriCorps employees and applicants for 
employment, pursuant to section 501 of the Rehabilitation Act of 1973, 
as amended, unless doing so would cause undue hardship. AmeriCorps is 
also committed to complying with Executive 14043, Requiring Coronavirus 
Disease 2019 Vaccination, which requires Federal agencies to collect 
employee health information related to the Coronavirus 2019 (hereafter 
``COVID-19). AmeriCorps may develop and institute additional measures 
that require the collection of personal health information.
    Additionally, AmeriCorps is committed to ensuring grantee and 
sponsor compliance in providing reasonable accommodation to qualified 
AmeriCorps national service applicants, candidates, members and 
volunteers, unless doing so would cause undue hardship, pursuant to 
section 504 of the Rehabilitation Act of 1973, as amended, and section 
175 of the National and Community Service Act of 1990, as amended, and 
section 417 of the Domestic Volunteer Service Act of 1973, as amended.
    Moreover, pursuant to Title VII of the Civil Rights Act of 1964, as 
amended, AmeriCorps is committed to providing reasonable accommodation 
to AmeriCorps employees (including political appointees, career 
employees, detailees, interns, and applicants and candidates for 
employment) based on religion or religious belief, unless doing so 
would cause undue hardship. Also, AmeriCorps is committed to ensuring 
grantee and sponsor compliance in providing religious-based reasonable 
accommodation to AmeriCorps national service applicants, candidates, 
members and volunteers, unless doing so would cause undue hardship, 
pursuant to section 175 of the National and Community Service Act of 
1990, as amended, and section 417 of the Domestic Volunteer Service Act 
of 1973, as amended.
    AmeriCorps may collect medical-based and religious-based reasonable 
accommodation requests for AmeriCorps employees (including political 
appointees, career employees, detailees, and interns), applicants and 
candidates for employment, contractors, national service members and 
volunteers, and applicants and candidates for AmeriCorps national 
service programs.
    In addition, in response to public health emergencies, including a 
pandemic or epidemic, AmeriCorps may collect health related information 
(including but not limited to vaccination status and proof of 
vaccination status) for AmeriCorps employees (including political 
appointees, career employees, detailees, and interns), applicants and 
candidates for employment, contractors, national service members, 
volunteers, applicants and candidates for AmeriCorps national service 
programs, and visitors to AmeriCorps facilities, as necessary to ensure 
a safe and healthy work environment.
    Information will be collected, maintained, and disclosed in 
accordance with applicable law, regulations, and statutes, including, 
but not limited to, the Rehabilitation Act, the Genetic Information 
Nondiscrimination Act, the Executive Order 14043, and regulations and 
guidance published by the U.S. Occupational Safety and Health 
Administration, the U.S. Equal Employment Opportunity Commission, and 
the U.S. Centers for Disease Control and Prevention, the Office of 
Management and Budget, Safer Federal Workforce Taskforce, or other 
relevant entities. This newly established system will be included in 
the AmeriCorps inventory of record systems.
    A report of this system of records has been sent to Congress and 
the Office of Management and Budget.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practice principles in a statutory framework governing how 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 AmeriCorps by complying with 
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 character of each 
system of records that the agency maintains, and the routine uses of 
each system. The ``Personal Health and Religious Information'' system 
of records notice is published in its entirety below. In accordance 
with 5 U.S.C. 552a(r), AmeriCorps 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:
    CNCS-10-CEO-PHRI, Personal Health and Religious Information (PHRI).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    CEO Immediate Office, Corporation for National and Community 
Service, 250 E Street SW, Suite 300, Washington, DC 20525.

SYSTEM MANAGER(S):
    CEO Immediate Office, Corporation for National and Community 
Service, 250 E Street SW, Suite 300, Washington, DC 20525.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The authority to collect this information derives from Title VII of 
the Civil Rights Act of 1964, as amended, sections 501 and 504 of the 
Rehabilitation Act of 1973, as amended, section 175 of the National and 
Community Service Act of 1990, as amended, and section 417 of the 
Domestic Volunteer Service Act of 1973, as amended. The substantive 
standards of the Americans with Disabilities Act of 1990, as amended 
(42 U.S.C. 12101 et seq.) apply to the Federal Government through the 
Rehabilitation Act. (29 U.S.C. 791 et seq.). Additional authority is 
derived from 5 U.S.C. chapters 11 and 79, and in discharging the 
functions directed under Executive Order 14043, Requiring Coronavirus 
Disease 2019 Vaccination for Federal Employees

[[Page 64460]]

(Sept. 9, 2021), Executive Order 14042, Ensuring Adequate COVID Safety 
Protocols for Federal Contractors (Sept. 2, 2021), Executive Order 
13163, Increasing Opportunity for Individuals With Disabilities To Be 
Employed in the Federal Government (Jul. 26, 2000), and Executive Order 
13164, Requiring Federal Agencies to Establish Procedures to Facilitate 
the Provision of Reasonable Accommodation (Jul. 26, 2000).

PURPOSE(S) OF THE SYSTEM:
    AmeriCorps' Equal Employment Opportunity Program (EEOP) proposes to 
collect this information to maintain personal health and religious 
information collected in response to (1) medical-based and religious-
based reasonable accommodation requests; (2) public health emergency or 
similar health and safety incidents, such as a pandemic, epidemic, or 
man-made emergency; and/or (3) any other lawful collection of health-
related information that is necessary to ensure a safe and healthy 
environment for individuals who are occupying AmeriCorps facilities, 
attending AmeriCorps-sponsored events, participating in AmeriCorps 
programs, or otherwise engaged in official business on behalf of the 
agency. The system will assist the agency in the collection, storing, 
dissemination, and disposal of personal health and religious 
information collected and maintained by the agency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include all AmeriCorps employees 
(including political appointees, career employees, detailees, and 
interns), applicants and candidates for employment, contractors, 
national service members, volunteers, applicants and candidates for 
AmeriCorps national service programs, and visitors to AmeriCorps 
facilities. This includes authorized individuals or representatives who 
file a request for a reasonable accommodation on behalf of any of the 
above-referenced parties.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The personal health and religious information records system may 
contain some or all of the following information: General personal 
information including, but not limited to, the name, address, social 
security number, maiden name, place of birth, financial information, 
alias, gender, telephone number, military service, age, email address, 
physical characteristics, race/ethnicity, education, other contact 
information, and medical information including vaccination status; 
reasonable accommodation requests, including requestor's name and 
contact information (if different than the employee/service member who 
needs an accommodation); date request was initiated; information 
concerning the nature of the disability and the need for accommodation, 
including appropriate medical documentation and other supporting 
documents; information concerning religious affiliation, the nature of 
the sincerely held religious belief, practice, or observance, and the 
need for accommodation, including any appropriate documentation; 
details of the accommodation requests, such as: Type of accommodation 
requested, how the requested accommodation would assist the individual 
in the performance of their job, essential duties of the position, 
information relating to an individual's capability to satisfactorily 
perform the duties of the position currently held, estimated cost of 
accommodation, action by deciding official, and other supporting 
documents relating to reasonable accommodation, the sources of 
technical assistance consulted in trying to identify alternative 
reasonable accommodation, any additional information provided by the 
requestor related to the processing of the request, and whether the 
request was approved or denied, and whether the accommodation was 
approved for a trial period; and notification(s) to the employee/
service member and his/her supervisor(s) regarding the accommodation. 
These records may also contain work-related data, including but not 
limited to service information, occupation, telephone number, salary, 
job title, email address, work history, work address, business 
associates, and/or program office to which the employee is assigned.

RECORD SOURCE CATEGORIES:
    Records in this system are obtained directly from employees 
(including political appointees, career employees, detailees, and 
interns), applicants and candidates for employment, contractors, 
national service members, volunteers, applicants and candidates for 
AmeriCorps national service programs, or any family member, health 
professional, or other person responding to an information request as a 
representative of any of the above-referenced parties, or visitors when 
obtaining necessary health information; therefore, the accuracy is 
ensured by collecting the information from the source who may be 
required to certify under penalty of perjury that the information is 
true and accurate to the best of their knowledge.

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 
AmeriCorps as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. A record from this system of records may be disclosed as a 
routine use to a prospective employer of a Government employee. Upon 
transfer of the employee to another Federal agency, the information is 
transferred to such agency.
    B. A record from this system of records may be disclosed as a 
routine use to provide information to the OPM and/or MSPB for review, 
audit, or reporting purposes.
    C. 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 a civil or criminal law or regulation.
    D. To other federal agencies if required to operate a jointly 
managed national service program and manage those members.
    E. To the Office of the President, a Member of Congress, or their 
personnel in response to a request made on behalf of, and at the 
request of, the individual who is the subject of the record. These 
advocates will receive the same records that individuals would have 
received if they filed their own request.
    F. To another Federal agency or a party in litigation before a 
court or in an administrative proceeding being conducted by a Federal 
agency, when the Government is a party to the judicial or 
administrative proceeding, and such information is the subject of a 
court order directing disclosure or deemed by AmeriCorps to be relevant 
and necessary to the litigation.
    G. To NARA's Office of Government Information Services so that it 
may review agency compliance with the Freedom of Information Act of 
1967, as amended, (FOIA) provide mediation services to resolve FOIA 
disputes, and identify policies and procedures for improving FOIA 
compliance, and to the extent necessary to fulfill its responsibilities 
as required by 5 U.S.C. 552(h)(2)(A-B) and (3).
    H. By AmeriCorps, in the production of summary descriptive 
statistics and

[[Page 64461]]

analytical studies in support of the function for which the records are 
collected and maintained, or for related workforce studies. While 
published statistics and studies do not contain individual identifiers, 
in some instances, the selection of elements of data included in the 
study may be structured in such a way as to make the data individually 
identifiable by inference.
    I. A record from this system of records may be disclosed as a 
routine use to provide information to the OPM and/or MSPB for review, 
audit, or reporting purposes.
    J. A record from this system of records may be disclosed as a 
routine use to AmeriCorps-paid experts or consultants, and those under 
contract with the AmeriCorps on a ``need-to-know'' basis for a purpose 
within the scope of the pertinent AmeriCorps task. This access will be 
granted to an AmeriCorps contractor or employee of such contractor by a 
system manager only after satisfactory justification has been provided 
to the system manager.
    K. The United States, when AmeriCorps determines that litigation is 
likely to affect AmeriCorps or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or AmeriCorps is deemed by 
AmeriCorps to be relevant and necessary to the litigation.
    L. To disclose information to officials of the Merit Systems 
Protection Board or the Office of the Special Counsel, when requested 
in connection with appeals, special studies of the civil service and 
other merit systems, review of OPM rules and regulations, 
investigations of alleged or possible prohibited personnel practices, 
and such other functions as promulgated in 5 U.S.C. 1205 and 1206, or 
as may be authorized by law.
    M. To disclose information to the U.S. Equal Employment Opportunity 
Commission when requested in connection with investigations into 
alleged or possible discrimination practices in the Federal sector, 
examination of Federal affirmative employment programs, compliance by 
Federal agencies with the Uniform Guidelines of Employee Selection 
Procedures, or other functions vested in the Commission.
    N. To disclose information to the Federal Labor Relations Authority 
or its General Counsel when requested in connection with investigations 
of allegations of unfair labor practices of matters before the Federal 
Service Impasses Panel.
    O. To disclose information to the Office of Management and Budget 
at any stage of the legislative coordination and clearance process in 
connection with private relief legislation as set forth in OMB circular 
No. A-19.
    P. To provide authorized AmeriCorps officials, vendors or staff 
members information needed in the performance of official duties 
related to succession planning, workforce analysis, skills gap closure, 
training and development, or recruitment and retention.
    Q. To authorized contractors, vendors, grantees, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for AmeriCorps or the Federal government that is in 
the performance of a Federal duty to which the information is deemed 
relevant.
    R. To disclose to a requesting Federal agency, information in 
connection with the hiring, retention, separation, or retirement of an 
employee; the issuance of a security clearance; the reporting of an 
investigation of an employee; the letting of a contract; the 
classification of a job; or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that AmeriCorps 
determines that the information is relevant and necessary to the 
requesting party's decision on the matter.
    S. To an appeal, grievance, hearing, or complaints examiner; an 
equal opportunity investigator, arbitrator, or mediator; and an 
exclusive representative or other person authorized to investigate or 
settle a grievance, complaint, or appeal filed by an individual who is 
the subject of the record.
    T. For Data Breach and Mitigation Response to provide information 
to appropriate agencies, entities, and persons when:
    a. AmeriCorps suspects or has confirmed that there has been a 
breach of the system of records.
    b. AmeriCorps has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, AmeriCorps 
(including its information systems, programs, and operations), the 
Federal Government, or national security, and
    c. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with AmeriCorps' efforts 
to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    U. To provide information to another Federal agency or Federal 
entity, when AmeriCorps 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper records are stored in locked rooms, file cabinets, and desks. 
Electronic records and backups are stored on secure servers and 
encrypted media to include computers and network drives.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information covered by this system of records notice may be 
retrieved by the name of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records in the system will be retained until their retention 
and disposal schedule is approved by NARA, then retained and disposed 
according to the applicable schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    AmeriCorps has established security and privacy protocols that meet 
the required security and privacy standards issued by the National 
Institute of Standards and Technology (NIST). Records are maintained in 
a secure, password protected electronic system that utilizes security 
hardware and software to include multiple firewalls, active intruder 
detection, and role-based access controls. AmeriCorps has adopted 
appropriate administrative, technical, and physical controls in 
accordance with its security program to protect the confidentiality, 
integrity, and availability of the information, and to ensure that 
records are not disclosed to or accessed by unauthorized individuals. 
Electronic records are stored on computer networks, which may include 
cloud-based systems, and protected by controlled access with either 
Personal Identity Verification (PIV) cards or by assigning user 
accounts to individuals needing access to the records passwords set by 
authorized users that must be changed periodically. Paper records are 
maintained in locked rooms, file cabinets, and desks when not in use.

RECORD ACCESS PROCEDURES:
    Individuals requesting access to their individual records should 
follow the Notification Procedure below.

[[Page 64462]]

CONTESTING RECORD PROCEDURES:
    Individuals contesting the content of records about themselves 
contained in this system of records should follow the Notification 
Procedure below.

NOTIFICATION PROCEDURES:
    Individuals requesting notification of the existence of records on 
themselves or requesting access to their individual records must send a 
signed, written inquiry that includes their name, address, date of 
birth, and verification of identity to Gina Cross, Senior Agency 
Official for Privacy, Corporation for National and Community Service, 
250 E Street SW, Suite 300, Washington, DC 20525, or email 
[email protected]. The request envelope (or subject line) 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.

HISTORY:
    None.

    Dated: November 8, 2021.
Ndiogou Cisse,
Chief Information Officer.
[FR Doc. 2021-24868 Filed 11-17-21; 8:45 am]
BILLING CODE 6050-28-P