Privacy Act of 1974; System of Records, 68262-68266 [2021-26090]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Office of the Assistant Secretary for Administration

[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Pages 68262-68266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26090]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Assistant Secretary for Administration


Privacy Act of 1974; System of Records

AGENCY: Office of the Assistant Secretary for Administration, 
Department of Health and Human Services (HHS).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the U.S. Department of Health and Human Services 
(HHS) is establishing a new departmentwide system of records, 09-90-
2103, Accommodation Records About HHS Civilian Employees, Contractors 
and Visitors.

DATES: The new system of records is applicable December 1, 2021, 
subject to a 30-day period in which to comment on the routine uses.

ADDRESSES: The public should address written comments by email to 
[email protected] or by mail to Beth Kramer, HHS Privacy Act Officer, 
FOIA/Privacy Act Division--Suite 729H, Office of the Assistant 
Secretary for Public Affairs, 200 Independence Ave. SW, Washington, DC 
20201.

FOR FURTHER INFORMATION CONTACT: General questions may be submitted to 
Beth Kramer, HHS Privacy Act Officer,

[[Page 68263]]

by email or telephone at [email protected] or (202) 690-6941, or by 
mail addressed to: Beth Kramer, HHS Privacy Act Officer, FOIA/Privacy 
Act Division--Suite 729H, Office of the Assistant Secretary for Public 
Affairs, 200 Independence Ave. SW, Washington, DC 20201.

SUPPLEMENTARY INFORMATION: This new system of records will cover all 
records used by HHS to process and determine requests for accommodation 
made verbally or in writing by HHS civilian employees, HHS contractors, 
and HHS visitors (visitors are defined in the Categories of Individuals 
section of the system of records notice). Accommodation records about 
federal civilian job applicants are covered by the government-wide 
system of records notice (SORN) published by the Office of Personnel 
Management, OPM/&GOVT-5, Recruiting, Examining, and Placement Records, 
and accommodation records about HHS Public Health Service Commissioned 
Corps officers and applicants are covered by HHS SORN 09-40-0003 Public 
Health Service (PHS) Commissioned Corps Board Proceedings, so are not 
included in this new system of records.
    All types of accommodation requests made by HHS civilian employees 
and HHS contractors and visitors are intended to be covered, including:
     Requests for accommodations based on a medical condition 
under the Rehabilitation Act of 1973 (Rehab Act), the Americans with 
Disabilities Act of 1990 (ADA), and the American with Disabilities Act 
Amendments Act of 2008 (ADAA); and
     Requests for religious accommodation under the First 
Amendment of the Constitution of the United States of America (First 
Amendment), Religious Freedom Restoration Act of 1993 (RFRA), or Title 
VII of the Civil Rights Act of 1964 (Title VII).
    The records are used by relevant HHS supervisors, reasonable 
accommodation coordinators, equal employment opportunity (EEO) 
specialists, employee relations specialists, attorneys, medical review 
personnel, contracting officers and their representatives, and other 
personnel involved in processing or adjudicating accommodation 
requests.
    A reasonable accommodation may be requested by and granted to a 
qualified individual with a disability in order to allow an employee to 
perform the essential functions of their position or to enjoy the same 
benefits and privileges of employment as other similarly situated 
employees. A reasonable accommodation may also be requested by and 
granted to an individual with a disability to allow for participation 
in a federally funded program. A religious accommodation may be 
requested by and granted to an individual to resolve a conflict between 
a sincerely held religious belief, practice, or observance and a work 
requirement or requirement for participation in a federally funded 
program. An accommodation may include a modification or adjustment to a 
work requirement, the work environment, or the way things are 
customarily done by HHS.
    HHS determines accommodation requests in accordance with applicable 
laws, regulations (for example, Equal Employment Opportunity Commission 
(EEOC) regulations), Department policies and guidance (for example, 
HHS' Personal Assistant Services (PAS) Accommodation guidance), and any 
specific guidelines of the relevant Operating Division or Staff 
Division (for example, the Administration for Children and Families 
Office of Diversity Management and EEO Reasonable Accommodation 
Procedures for Individuals with Disabilities (May 17, 2019)).
    To control and limit access, use, and disclosure of the records 
appropriately, HHS may maintain disability-based accommodation records 
in or with other confidential medical files about the same individual, 
or otherwise separately from other types of records about the same 
individual, to the extent possible. Likewise, to the extent possible, 
HHS maintains religious accommodation records about an individual 
separately from other types of records about the individual. Disability 
information is subject to (for example) restrictions stated in 42 
U.S.C. 12112(d)(3)(B) and 29 CFR 1630.14(d)(4)(i); and information 
about how an individual exercises rights guaranteed by the First 
Amendment (which would include information describing sincerely held 
religious beliefs, practices, or observances) is subject to the 
restriction stated in 5 U.S.C. 552a(e)(7).
    Prior to the date of publication, HHS relied on an Office of 
Personnel Management (OPM) governmentwide system of records, OPM/GOVT-
10 Employee Medical File System Records, as covering disability-based 
accommodation records about civilian personnel. In recently reviewing 
the Department's systems of records HHS determined that a new system of 
records is necessary and appropriate for all accommodation records 
(whether based on a disability or a sincerely held religious belief) 
about HHS civilian employees and HHS contractors and visitors. 
Accordingly, those accommodation records will now be covered by new 
system of records 09-90-2103.
    HHS provided advance notice of the new system of records to the 
Office of Management and Budget and Congress as required by 5 U.S.C. 
552a(r) and OMB Circular A-108, Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act, 81 FR 94424 
(Dec. 23, 2016).

Cheryl Campbell,
Assistant Secretary for Administration.

SYSTEM NAME AND NUMBER:
    Accommodation Records About HHS Civilian Employees, Contractors and 
Visitors, 09-90-2103.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Accommodation records are collected and managed at the HHS 
Operating Division level and by the Office of Equal Employment 
Opportunity, Diversity and Inclusion (EEODI) at the Departmental level. 
The addresses of the HHS components responsible for this system of 
records are as follows:
     For the Department: Office of Equal Employment 
Opportunity, Diversity & Inclusion (EEODI), 300 C Street SW, Suite 
2500, Washington, DC 20201.
     For the Public Health Service (PHS) Commissioned Corps: 
Office of the Assistant Secretary for Health (OASH), 200 Independence 
Ave. SW, Washington, DC 20201.
     For the Office of the Secretary (OS) (excluding the PHS 
Commissioned Corps); the Administration for Community Living (ACL); and 
the Substance Abuse and Mental Health Services Administration (SAMHSA): 
Equal Employment Opportunity Service Center (EEOSC), Mary E. Switzer 
Bldg.--Suite 2500, 300 C Street SW, Washington, DC 20201.
     For the Administration for Children and Families: Office 
of Diversity Management and Equal Employment Opportunity (ODME), 330 C 
Street SW, Suite 3018, Washington, DC 20201.
     For the Centers for Disease Control and Prevention (CDC): 
Office of Equal Employment Opportunity, MS US11-1EEO, Centers for 
Disease Control and Prevention, 1600 Clifton Rd. NE, Atlanta, GA 30329-
4027.
     For the Centers for Medicare & Medicaid Services (CMS): 
Office of Equal Opportunity and Civil Rights, 7500 Security Blvd., 
Baltimore, MD 21244.
     For the Food and Drug Administration (FDA): Medical 
accommodation records: Office of

[[Page 68264]]

Enterprise Management Service, 8455 Colesville Rd., Silver Spring, MD 
20910; Religious belief accommodation records: Office of Equal 
Employment Opportunity, 10903 New Hampshire Avenue, WO32-2260, Silver 
Spring, MD 20903-0002.
     For the Health Resources and Services Administration 
(HRSA): Diversity and Inclusion (OCRDI), 5600 Fishers Ln., Room 14N176, 
Rockville, MD 20857.
     For the Indian Health Service (IHS): Diversity Management 
and Equal Employment Opportunity Staff (DMEEO), 5600 Fishers Ln., Mail 
Stop 08E61, Rockville, MD 20857.
     For the National Institutes of Health (NIH): Access and 
Equity (A&E) Branch, Division of Guidance, Education and Marketing 
(GEM), Bldg. 2, Rm. 3W07, 2 Center Dr., Bethesda, MD 20892.

SYSTEM MANAGER(S):
    The System Managers to whom individuals may submit Privacy Act 
requests regarding records about them in this system of records are as 
follows:
     For the Public Health Service (PHS) Commissioned Corps: 
Assistant Secretary for Health, Office of the Assistant Secretary for 
Health (OASH), 200 Independence Ave. SW, Washington, DC 20201, 
[email protected].
     For the Office of the Secretary (OS) (excluding the PHS 
Commissioned Corps); the Administration for Community Living (ACL); and 
the Substance Abuse and Mental Health Services Administration (SAMHSA): 
Director, Equal Employment Opportunity Service Center (EEOSC), Mary E. 
Switzer Bldg.--Suite 2500, 300 C Street SW, Washington, DC 20201, 
[email protected].
     For the Administration for Children and Families: OpDiv 
Senior Officer for Privacy, Administration for Children and Families, 
330 C Street SW--Suite 3313A, Washington, DC 20201, 
[email protected].
     For the Centers for Disease Control and Prevention (CDC): 
Deputy Director, Office of Equal Employment Opportunity, MS US11-1EEO, 
Centers for Disease Control and Prevention, 1600 Clifton Rd. NE, 
Atlanta, GA 30329-4027, [email protected].
     For the Centers for Medicare & Medicaid Services (CMS): 
Director, Office of Equal Opportunity and Civil Rights, 7500 Security 
Blvd., Baltimore, MD 21244, [email protected].
     For the Food and Drug Administration (FDA): Privacy 
Coordinator, Division of Information Governance/Privacy, 5630 Fishers 
Ln., Rockville, MD 20857, [email protected].
     For the Health Resources and Services Administration 
(HRSA): Accessibility Section Chief, Office of Civil Rights, Diversity 
and Inclusion (OCRDI), 5600 Fishers Ln., Room 14N176, Rockville, MD 
20857, [email protected].
     For the Indian Health Service (IHS): Privacy Officer, 
Indian Health Service, 5600 Fishers Ln., Mail Stop 09E70, Rockville, MD 
20857, [email protected].
     For the National Institutes of Health (NIH): Branch 
Director, Access and Equity (A&E) Branch, Division of Guidance, 
Education and Marketing (GEM), Bldg. 2, Rm. 3W07, 2 Center Dr., 
Bethesda, MD 20892, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 791 and 793(d); 42 U.S.C. 2000e-16, 12101 through 12117, 
and 12201 through 12213; and Executive Order (E.O.) 13164, Establishing 
Procedures to Facilitate the Provision of Reasonable Accommodation, 65 
FR 46565 (July 26, 2000).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to document, track, and 
support the adjudication of two types of verbal and written requests 
for accommodation, i.e., disability-based requests and religious-based 
requests; and to provide data for accommodation program reporting and 
evaluation purposes. The ultimate purpose of the records is to allow 
HHS to provide legally required accommodations to individuals with 
disabilities and sincerely held religious beliefs.
    The records are used by relevant HHS supervisors, reasonable 
accommodation coordinators, equal employment opportunity (EEO) 
specialists, employee relations specialists, attorneys, medical review 
personnel, contracting officers and their representatives, and other 
personnel involved in processing or adjudicating accommodation 
requests.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals are HHS civilian employees and HHS 
contractors and visitors who make accommodation requests, verbally or 
in writing, to HHS.
    For purposes of this system of records, visitors are individuals 
who seek to access an HHS facility or to participate in an HHS-
sponsored federally funded meeting, event, medical trial, or other 
program but are neither HHS employees nor HHS contractors. Visitors may 
include employees and contractors of other federal agencies, guest 
speakers participating in an HHS-hosted meeting or training event, 
members of the public attending an HHS-hosted meeting, participants in 
medical trials, interns, detailees, student volunteers, visiting 
scientists, intramural research trainees, fellows, or other non-
employees performing work for HHS.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system of records includes all records that may support a 
determination regarding an accommodation request.
    The categories of records include:
     Documentation of the original request, whether made 
verbally or in writing.
     Records submitted by the individual in support of a 
request for reasonable accommodation based on disability, such as 
records describing the individual's medical conditions and the 
accommodation requested.
     Records submitted by the individual in support of a 
request for religious accommodation, such as records describing the 
individual's religious beliefs, practices, or observances, explaining 
the conflict(s) experienced by the individual with a particular HHS 
practice, policy, custom, or environment, and describing the 
accommodation requested.
     Correspondence from professionals such as physicians who 
know the individual and provide information supporting the individual's 
request for the accommodation.
     Notes memorializing verbal conversations.
     Records of consultations with third parties within or 
outside the agency who provide technical assistance to the agency.
     Communications about the substance of the request, the 
processing of the request, and burdens and other issues identified.
     Records of the agency's analysis, adjudication, and 
determination of the request.
     Records associated with requests for reconsideration or 
appeal, if appropriate.
     Notices provided to the individual about the agency's 
determination and agency procedures for reconsideration or other appeal 
processes, if applicable.
     Records documenting any accommodation provided.

RECORD SOURCE CATEGORIES:
    The records are provided by the individual making the request, by 
HHS personnel involved in processing or adjudicating the request 
(including

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supervisors, reasonable accommodation coordinators, equal employment 
opportunity (EEO) specialists, employee relation specialists, 
attorneys, medical review personnel, and contracting officers and their 
representatives), and by others furnishing records pertinent to the 
request (such as, the individual's medical professionals, or technical 
experts).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to other disclosures authorized directly in the Privacy 
Act at 5 U.S.C. 552a(b)((1) and (2) and (b)(4) through (11), HHS may 
disclose a record about an individual from this system of records to 
parties outside HHS as described in the following routine uses, without 
the individual's prior written consent:
    1. HHS may disclose records about individuals' accommodation 
requests to a contractor or agent engaged by HHS to assist in 
administering aspects of accommodation request handling, including 
information technology (IT) system support contractors, when it is 
necessary for the contractor or agent to have access to the records to 
provide that assistance.
    2. HHS may disclose relevant information about an HHS employee's 
accommodation request to a labor organization recognized under E.O. 
11491 Labor Management Relations in the Federal Service or 5 U.S.C. 
Chapter 71 upon receipt of a formal request from the labor organization 
and in accord with the conditions of 5 U.S.C. 7114 when a contract 
between the labor organization and an HHS component provides that the 
component will disclose personal information relevant and necessary to 
the labor organization's mission or duties of exclusive representation 
concerning personnel policies and practices and matters affecting 
working conditions.
    3. HHS may disclose to an HHS contractor's employer the existence, 
status, and determination of the contractor's accommodation request, 
but not records that reveal whether the request is based on a medical 
condition or a religious conflict.
    4. HHS may disclose relevant records about a federal employee's 
accommodation request to an authorized appeal grievance examiner, 
formal complaint examiner, administrative judge, equal employment 
opportunity investigator, arbitrator, or other authorized official 
engaged in investigation or settlement of a grievance, complaint, or 
appeal filed by an employee; however, most such disclosures will be 
authorized by the individual's prior, written consent.
    5. HHS may disclose relevant accommodation records about a federal 
employee to any of the following agencies or entities when needed by 
the agency or entity to discharge its below-described role:
    a. To the Office of Personnel Management (OPM) to evaluate the 
individual's application for disability retirement.
    b. To the Equal Employment Opportunity Commission (EEOC) to 
investigate, adjudicate, and litigate the individual's complaint of 
employment discrimination or to ensure compliance by HHS under 29 CFR 
part 1630.14(b)(1)(iii)).
    c. To the Merit Systems Protection Board (MSPB) to adjudicate and 
litigate the individual's appeal of a personnel action.
    d. To the Office of Special Counsel (OSC) in order to investigate 
claims of prohibited personnel practices against HHS.
    e. To the Federal Labor Relations Authority (FLRA) to evaluate and 
arbitrate a claim of unfair labor practices against HHS.
    f. To the Federal Mediation and Conciliation Service (FMCS) or 
other alternative dispute resolution (ADR) or arbitration service to 
conduct a confidential mediation between HHS management and employees 
or between the individual and HHS.
    6. A record may be disclosed to the U.S. Department of Justice 
(DOJ) or to a court or other adjudicative body in litigation or 
administrative proceedings when (1) HHS or any component thereof; or 
(2) any employee of HHS acting in the employee's official capacity; or 
(3) any employee of HHS acting in the employee's individual capacity 
where the DOJ or HHS has agreed to represent the employee; or (4) the 
United States Government, is a party to the proceedings or has an 
interest in the proceedings and, by careful review, HHS determines that 
the record is both relevant and necessary to DOJ's representation or to 
the proceedings.
    7. Records may be disclosed to a congressional office in response 
to an inquiry from the congressional office made at the written request 
of the subject individual.
    8. Records may be disclosed to representatives of the National 
Archives and Records Administration (NARA) in records management 
inspections conducted pursuant to 44 U.S.C. 2904 and 2906.
    9. Records may be disclosed to appropriate agencies, entities, and 
persons when (1) HHS suspects or has confirmed that there has been a 
breach of the system of records, (2) HHS has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, HHS (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 HHS' efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    10. Records may be disclosed to another federal agency or federal 
entity, when HHS 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.
    Any other disclosures require the individual's prior written 
consent.
    Note also that if an individual's accommodation records become part 
of a related proceeding covered by a different System of Records Notice 
(SORN), the records will be subject to disclosures under routine uses 
published in that SORN (see, for example: 09-90-0009 Discrimination 
Complaint Records; 09-90-0069 Unfair Labor Practice Records; EEOC/GOVT-
1 Equal Employment Opportunity in the Federal Government Complaint and 
Appeals Records; MSPB/GOVT-1 Appeals and Case Records; and 09-90-0062 
Administrative Claims).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    All records (including those received in paper form) are stored in 
electronic media to comply with OMB Memorandum M-19-21, Transition to 
Electronic Records (June 28, 2019).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are retrieved by the subject individual's name, 
assigned case number (if any), or HHS identification number (if 
applicable).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Accommodation records about federal employees are retained and 
disposed of in accordance with the following disposition authorities:

[[Page 68266]]

     General Records Schedule (GRS) 2.2 Employee Management 
Records, Item 080, supervisor's personnel files (these include employee 
medical documents until replaced by the agency's accommodation 
decision, and exclude records that become part of a grievance file, an 
appeal or discrimination complaint file, a performance-based reduction-
in-grade or removal action, or an adverse action, which are governed by 
GRS 2.3 Employee Relations Records): Review annually and destroy 
superseded documents. Destroy remaining documents one year after 
employee separation or transfer.
     GRS 2.3 Employee Relations Records, Item 020, reasonable 
accommodation case files: Destroy three years after employee separation 
from the agency or after all appeals are concluded, whichever is later, 
but longer retention is authorized if required for business use.
    Accommodation records about federal contractors are retained and 
disposed of in accordance with the following disposition authority:
     GRS 2.3 Employee Relations Records, Item 120, records 
documenting contractor compliance with EEO regulations: Destroy when 7 
years old, but longer retention is authorized if required for business 
use.
    Accommodation records about HHS visitors who are neither federal 
employees nor federal contractors are currently unscheduled and will be 
retained indefinitely until authorized for disposition under a schedule 
approved by the National Archives and Records Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Safeguards conform to the HHS Information Security and Privacy 
Program, https://www.hhs.gov/ocio/securityprivacy/, including 
the HHS Information Security and Privacy Policy (IS2P), which ensures 
that information is safeguarded in accordance with applicable federal 
laws, rules, and policies, including: 44 U.S.C. 3541 through 3549 and 
3551 through 3558; all pertinent National Institutes of Standards and 
Technology (NIST) publications; and OMB Circular A-130, Managing 
Information as a Strategic Resource, 81 FR 49689 (July 28, 2016).
    Records are protected from unauthorized access through appropriate 
administrative, physical, and technical safeguards. These safeguards 
include protecting the facilities where records are received and 
electronically stored with security guards, identification badges, and 
cameras; securing any hard copies in locked file cabinets, file rooms 
or offices during off-duty hours; requiring contractors to maintain 
appropriate safeguards and to comply with the Privacy Act with respect 
to the records; limiting authorized users' access to electronic records 
based on role and either two-factor authentication or password 
protection; requiring passwords to be complex and to be changed 
frequently; using a secured operating system protected by encryption, 
firewalls, and intrusion detection systems; maintaining an activity log 
of users' access; requiring encryption for any records stored or 
accessed on removable media; training personnel in Privacy Act and 
information security requirements; and reviewing security controls on 
an ongoing basis.
    To control and limit access, use, and disclosure of the records 
appropriately, HHS may maintain disability-based accommodation records 
in or with other confidential medical files about the same individual, 
or otherwise separately from other types of records about the same 
individual, to the extent possible. Likewise, to the extent possible, 
HHS maintains religious accommodation records about an individual 
separately from other types of records about the individual.

RECORD ACCESS PROCEDURES:
    Individuals may request access to records about them in this system 
of records by submitting a written access request to the System Manager 
identified in the ``System Manager'' section of this SORN. The request 
must contain the requester's full name, home or work address, date of 
birth, signature, and assigned case identification number (if any) and 
must identify the employing or hiring component pertinent to the 
request. To verify the requester's identity, the signature must be 
notarized or the request must include the requester's written 
certification that the requester is the individual who the requester 
claims to be and that the requester understands that the knowing and 
willful request for or acquisition of a record pertaining to an 
individual under false pretenses is a criminal offense subject to a 
fine of up to $5,000. To access the records in person, the requester 
should make an appointment, and may be accompanied by a person of the 
requester's choosing if the requester provides written authorization 
for agency personnel to discuss the records in that person's presensce. 
An individual may also request an accounting of disclosures that have 
been made of the records, if any.

CONTESTING RECORD PROCEDURES:
    Individuals may seek to amend records about them in this system of 
records by submitting an amendment request to the System Manager 
identified in the ``System Manager'' section of this SORN, containing 
the same information required for an access request. The request must 
include verification of the requester's identity in the same manner 
required for an access request; must reasonably identify the record and 
specify the information contested, the corrective action sought, and 
the reasons for requesting the correction; and should include 
supporting information to show how the record is not accurate, 
complete, timely, or relevant.

NOTIFICATION PROCEDURES:
    Individuals who wish to know if this system of records contains 
records about them should submit a notification request to the System 
Manager identified in the ``System Manager'' section of this SORN. The 
request must contain the same information required for an access 
request and must include verification of the requester's identity in 
the same manner required for an access request.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-26090 Filed 11-30-21; 8:45 am]
BILLING CODE 4151-17-P