Privacy Act; System of Records, 72643-72646 [2021-27726]
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
• NRC’s Agencywide Documents
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Revision 2 to RG 1.78 and the
regulatory analysis may be found in
ADAMS under Accession Nos.
ML21253A071 and ML21119A159,
respectively.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
Casper Sun, telephone: 301–415–1646,
email: Casper.Sun@nrc.gov and Michael
Eudy, telephone: 301–415–3104, email:
Michael.Eudy@nrc.gov. Both are staff
members of the Office of Nuclear
Regulatory Research at the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
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III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting, Forward Fitting, and
Issue Finality
Revision 2 of RG 1.78 does not
constitute backfitting as defined in
section 50.109 of title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Backfitting,’’ and as described in NRC
Management Directive (MD) 8.4,
‘‘Management of Backfitting, Forward
Fitting, Issue Finality, and Information
Requests’’; constitute forward fitting as
that term is defined and described in
MD 8.4; or affect the issue finality of any
approval issued under 10 CFR part 52.
As explained in Revision 2 of RG 1.78,
applicants and licensees would not be
required to comply with the positions
set forth in the RG.
Dated: December 15, 2021.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2021–27667 Filed 12–21–21; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF SPECIAL COUNSEL
Privacy Act; System of Records
I. Discussion
The NRC is issuing a revision in the
NRC’s ‘‘Regulatory Guide’’ series. This
series was developed to describe and
make available to the public information
regarding methods that are acceptable to
the NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the NRC staff uses in
evaluating specific issues or postulated
events, and data that the NRC staff
needs in its review of applications for
permits and licenses.
Revision 2 of RG 1.78 was issued with
a temporary identification of Draft
Regulatory Guide, DG–1387.
II. Additional Information
The NRC published a notice of the
availability of DG–1387 in the Federal
Register on July 28, 2021 (86 FR 40661)
VerDate Sep<11>2014
for a 30-day public comment period.
The public comment period closed on
August 27, 2021. Public comments on
DG–1387 and the staff responses to the
public comments are available in
ADAMS under Accession No.
ML21253A074.
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U.S. Office of Special Counsel.
Notice of a new system of
AGENCY:
ACTION:
records.
The U.S. Office of Special
Counsel (OSC) seeks, in accordance
with the Privacy Act of 1974, to
establish a new system of records titled,
‘‘Office of Special Counsel, OSC–4,
Reasonable Accommodation Records.’’
This system of records allows OSC to
collect and maintain information from
employees who request
accommodations from OSC for medical
or religious reasons.
DATES: Written comments should be
received on or before January 21, 2022.
ADDRESSES: You may submit written
comments by mail to the: U.S. Office of
Special Counsel, Office of the Clerk,
SUMMARY:
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72643
1730 M St. NW, Washington, DC 20036;
or by email via: frliaison@osc.gov.
FOR FURTHER INFORMATION CONTACT:
Amy Beckett, Senior Litigation Counsel,
by telephone at (202) 804–7000, or by
email at frliaison@osc.gov.
SUPPLEMENTARY INFORMATION: OSC is a
permanent independent federal
investigative and prosecutorial agency.
OSC’s basic authorities come from four
federal statutes: The Civil Service
Reform Act, the Whistleblower
Protection Act, the Hatch Act, and the
Uniformed Services Employment &
Reemployment Rights Act (USERRA).
OSC’s primary mission is to safeguard
the merit system by protecting federal
employees and applicants from
prohibited personnel practices,
especially reprisal for whistleblowing,
and to serve as a safe channel for
allegations of wrongdoing.
Title V of the Rehabilitation Act of
1973, as amended, prohibits
discrimination in services and
employment based on disability, and
Title VII of the Civil Rights Act of 1974
prohibits discrimination, including
based on 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 addition, some
individuals may request modifications
to their workspace, schedule, duties, or
other requirements for reasons that may
not qualify as a disability but may lead
to an appropriate modification to
workplace policies and practices.
In accordance with the Privacy Act of
1974, OSC proposes to establish a new
system of records that allows OSC to
collect and maintain information from
employees who request reasonable
accommodations from OSC for medical
or religious reasons. Employees include
applicants for employment and other
individuals who participate in OSC
programs and activities and who request
reasonable accommodations and/or
other appropriate modifications from
OSC for medical or religious reasons.
SYSTEM NAME AND NUMBER:
Office of Special Counsel, OSC–4,
Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
OSC’s work related to this system of
records would not ordinarily involve
records that contain classified
information. In the event there is
classified information, OSC would
maintain such records using methods
approved for handling classified
material.
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
SYSTEM LOCATION:
Records are primarily maintained
electronically by the Chief Human
Capital Officer on OSC’s Microsoft
Enterprise System and/or in designated
FedRAMP-authorized cloud service
providers.
SYSTEM MANAGER(S):
Chief Information Officer and Chief
Human Capital Officer, U.S. Office of
Special Counsel, 1730 M St. NW, Suite
218, Washington, DC 20006, itsupport@
osc.gov and hco@osc.gov.
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 OSC to collect and maintain
records on employees, applicants for
employment, and other individuals who
participate in OSC programs or
activities, who request from OSC an
accommodation or other modification
for medical or religious reasons; to
process, evaluate, and make decisions
on individual requests; and to track and
report the processing of such requests
OSC-wide to comply with applicable
requirements in law and policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Applicants for Federal employment,
Federal employees, and visitors to
Federal buildings who request a
reasonable accommodation or other
appropriate modifications from OSC for
medical or religious reasons.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The principal types of records in the
system are requests for reasonable
accommodations that include the
following:
D Requester’s name;
D Requester’s status (applicant or
current employee);
D Date of request;
D Employee’s position title, grade,
series, step;
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D Position title, grade, series, step of
the position the requester is applying
for;
D Requester’s contact information
(addresses, phone numbers, and email
addresses);
D Description of the requester’s
medical condition or disability and any
medical documentation provided in
support of the request;
D 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;
D Description of the accommodation
being requested;
D Description of previous requests for
accommodation;
D Whether the request was made
orally or in writing;
D Documentation by an OSC 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 OSC
official from meeting the relevant
timeframe;
D Whether the request for reasonable
accommodation was granted or denied,
and if denied the reason for the denial;
D The amount of time taken to process
the request;
D The sources of technical assistance
consulted in trying to identify a possible
reasonable accommodation;
D Any reports or evaluations prepared
in determining whether to grant or deny
the request; and
D 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 a reasonable
accommodation or other appropriate
modification from OSC; directly or
indirectly from appropriate medical
professionals; 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:
The following routine uses permit
OSC to:
a. Disclose information to appropriate
federal entities with subject matter
expertise to the extent necessary to
obtain advice on any authorities,
programs, or functions associated with
records in this system;
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b. Disclose information to the Office
of Personnel Management (OPM)
pursuant to Civil Service Rule 5.4 (5
CFR 5.4), or obtain an advisory opinion
concerning the application or effect of
civil service laws, rules, regulations, or
OPM guidelines in particular situations;
c. Disclose to the Equal Employment
Opportunity Commission or any other
agency or office concerned with the
enforcement of the anti-discrimination
laws, information concerning the
reasonable accommodation;
d. Disclose information to any source
from which additional information is
requested (to the extent necessary to
identify the individual, inform the
source of the purpose(s) of the request,
and to identify the type of information
requested), where necessary to obtain
information relevant to an agency
decision concerning: The grant or denial
of a medical or religious
accommodation or modification;
e. Provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office (made at
the written request of that individual);
f. Furnish information to the National
Archives and Records Administration
(NARA) in records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906, or other
functions authorized by laws,
regulations, and policies governing
NARA operations and OSC records
management responsibilities;
g. Disclose information when
consulting with, or referring a record to,
another Federal entity for the purpose of
making a decision on a request for
information under the FOIA or the
Privacy Act; or to the Office of
Government Information Services
established at NARA by the Open
Government Act of 2007, which
amended the FOIA, for the purpose of
conducting mediation and otherwise
resolving disputes under FOIA;
h. Disclose records to the Department
of Justice (DOJ) when: 1. Any of the
following entities or individuals is a
party to litigation or has an interest in
litigation: A. The OSC; B. Any employee
of OSC in their official capacity; C. Any
employee of OSC in their individual
capacity whom DOJ has been asked or
agreed to represent; or D. The United
States, where OSC determines that OSC
will be affected by the litigation; and 2.
OSC determines that use of the records
by DOJ is relevant and necessary to the
litigation;
i. Disclose records in a proceeding
before a court or adjudicative body,
before which OSC is authorized to
appear, when: 1. Any of the following
entities or individuals is a party to, or
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has an interest in the proceedings: A.
OSC; B. Any employee of OSC in their
official capacity; C. Any employee of
OSC in their individual capacity whom
OSC has agreed to represent; or D. The
United States, where OSC determines
that OSC will be affected by the
proceedings; and 2. OSC determines
that use of the records is relevant and
necessary to the proceedings;
j. Disclose information to first aid and
safety personnel if the individual
requires emergency treatment;
k. Disclose information to an Office of
Inspector General (OIG) or comparable
internal inspection, audit, or oversight
office of an agency for the purpose of
facilitating the coordination and
conduct of investigations and review of
allegations within the purview of both
OSC and the agency OIG or comparable
office; or in notifying an OIG (or
comparable office) of the disposition of
matters referred by the OIG (or
comparable office) to OSC;
l. Disclose information to the news
media and the public when (1) the
matter under investigation has become
public knowledge, (2) the Special
Counsel determines that disclosure is
necessary to preserve confidence in the
integrity of the OSC investigative
process or is necessary to demonstrate
the accountability of OSC officers,
employees, or individuals covered by
this system, or (3) the Special Counsel
determines that there exists a legitimate
public interest (e.g., to demonstrate that
the law is being enforced, or to deter the
commission of prohibited personnel
practices, prohibited political activity,
and other prohibited activity within
OSC’s jurisdiction), except to the extent
that the Special Counsel determines in
any of these situations that disclosure of
specific information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy;
m. Disclose information to another
Federal agency or oversight body
charged with evaluating OSC’s
compliance with the laws, regulations,
and policies governing reasonable
accommodation requests;
n. Disclose information to another
Federal agency pursuant to a written
agreement with OSC to provide services
(such as medical evaluations), when
necessary, in support of reasonable
accommodation decisions;
o. Disclose information to agency
contractors, experts, consultants,
detailees, or non-OSC employees
performing or working on a contract,
service, or other activity related to the
system of records, when necessary to
accomplish an agency function related
to the system;
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p. Make lists and reports available to
the public pursuant to 5 U.S.C. 1219;
q. Disclose information: 1. To
appropriate agencies, entities, and
persons when: (1) OSC suspects or has
confirmed that there has been a breach
of the system of records; (2) OSC has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to individuals,
OSC (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 OSC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm; 2. To another
Federal agency, or Federal entity when
OSC 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;
r. Disclose pertinent information 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 civil or criminal law or
regulation; and
s. Disclose information to the Integrity
Committee established under section
11(d) of the Inspector General Act of
1978, when needed because of receipt,
review or referral to the Integrity
Committee under section 7(b) of Public
Law 110–409; or as needed for a matter
referred to OSC by the Integrity
Committee.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The records in this system of records
are stored electronically on OSC’s
Microsoft Enterprise System and/or in
designated FedRAMP-authorized cloud
service providers segregated from nongovernment traffic and data. Access is
limited to those agency personnel who
have an official need for access to
perform their duties and who have
appropriate clearances or permissions.
OSC requires new employees to read
and acknowledge agency directives,
including information technology user
roles and responsibilities, records
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72645
management, and privacy protection.
OSC requires all employees to complete
annual cybersecurity awareness
training.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name or
other unique personal identifiers.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in this system of records are
maintained in accordance with GRS 2.3
and are destroyed three (3) years after
separation from the agency or all
appeals are concluded, whichever is
later, but longer retention is authorized
if requested for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records in the system are protected
from unauthorized access and misuse
through various administrative,
technical, and electronic security
measures. OSC’s security measures are
in compliance with the Federal
Information Security Modernization Act
(Pub. L. 113–283), associated OSC’s
policies, and applicable standards and
guidance from the National Institute of
Standards and Technology. Controls are
in place to minimize the risk of
compromising the information that is
electronically 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 who wish to seek
notification of and/or access to their
records in the system of records should
contact OSC’s FOIA/Privacy Act Officer,
U.S. Office of Special Counsel by mail
at 1730 M Street NW, Suite 218,
Washington, DC 20036; or by email at
foiarequest@osc.gov. To assist in the
process of locating and identifying
records, individuals should furnish the
following: Name and home address;
business title and address; any other
known identifying information such as
an agency file number or identification
number; a description of the
circumstances under which the records
were compiled; and any other
information deemed necessary by OSC
to properly process the request.
Requesters should reasonably describe
the records they seek. Rules about FOIA
access are in 5 CFR 1820 and rules
about Privacy Act access are in 5 CFR
1830.
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest
records about themselves should contact
OSC’s Privacy Act Officer, identify any
information they believe should be
corrected, and furnish a statement of the
basis for the requested correction along
with all available supporting documents
and materials. See OSC Privacy Act
regulations at 5 CFR part 1830.
NOTIFICATION PROCEDURES:
Individuals who wish to inquire
whether this system contains
information about them should follow
the Record Access procedures noted
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
available on the Exchange’s website at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
Date: December 16, 2021.
Travis Millsaps,
Deputy Special Counsel for Public Policy.
[FR Doc. 2021–27726 Filed 12–21–21; 8:45 am]
1. Purpose
BILLING CODE 7405–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93802; File No. SR–NYSE–
2021–72]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change for NonSubstantive Conforming Changes to
Rule 18
December 16, 2021.
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Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on December
9, 2021, New York Stock Exchange LLC
(‘‘NYSE’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes nonsubstantive conforming changes to Rule
18. The proposed rule change is
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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The Exchange proposes nonsubstantive conforming changes to Rule
18 (Compensation in Relation to
Exchange System Failure).
Earlier this year, the Exchange
eliminated member and non-member
employee Floor Officials and transited
the duties and responsibilities of Floor
Officials to newly created Trading
Officials, who are Exchange employees
appointed by the NYSE CEO or his or
her designee.4 As part of this change,
the Exchange amended, among other
rules, Rule 18, which sets forth the
process for member organizations to
seek reimbursement for losses resulting
from system failures. Specifically,
former Rule 18(d) established a
Compensation Review Panel consisting
of three Floor Governors and three
Exchange employees to determine the
eligibility of a claim for payment. Since
elimination of Floor Governors left
Exchange employees as the sole
members of the Compensation Review
Panel, the Exchange eliminated the
Compensation Review Panel and
amended Rule 18(d) to provide that the
Exchange will review claims submitted
pursuant to Rule 18 and determine
eligibility of a claim for payment.5
4 See Securities Exchange Act Release No. 92193
(June 16, 2021), 86 FR 33001 (June 23, 2021) (SR–
NYSE–2020–105) (Order).
5 See id., 86 FR at 33002. As described in the
previous filing, claims under Rule 18(d) would
continue to be validated and reviewed by Exchange
employees but retention of the Compensation
Review Panel was unnecessary given that
elimination of Floor Officials, which would leave
the panels composed solely of Exchange employees.
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As part of that filing, the Exchange
inadvertently failed to amend
subsections (e) and (f) of Rule 18, which
describe the workings of the
Compensation Review Panel, as well the
deleting the references to the
Compensation Review Panel in
subsections (c) and (d) of
Supplementary Material .10, which
governs Rule 18 claims by the
Exchange’s affiliate NYSE American
LLC. The Exchange accordingly
proposes the following conforming
changes to Rule 18.
Rule 18(e) provides that
Compensation Review Panel
determinations are by majority vote and
that in the event of a deadlock the final
determination will be made by the Chief
Executive Officer of the Exchange
(‘‘CEO’’) or his or her designee.
Consistent with the previous filing, the
Exchange proposes to delete subsection
(e) as obsolete. Current subsection (f),
which provides that all determinations
made pursuant to Rule 18 by the
Compensation Review Panel, the CEO or
his or her designee are final, would
become new subsection (e). The phrase
‘‘the Compensation Review Panel, the
CEO or his or her designee’’ in
subsection (f) would also be deleted.
Proposed Rule 18(f) would accordingly
provide that all determinations made
pursuant to the Rule are final. Finally
the references to Compensation Review
Panel in subsections (c) and (d) of
Supplementary Material .10 would be
replaced with the Exchange.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,6
in general, and furthers the objectives of
Section 6(b)(5),7 in particular, because it
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, to
remove impediments to, and perfect the
mechanism of, a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
In particular, the Exchange believes
that the proposed non-substantive
conforming changes would remove
impediments to and perfect the
mechanism of a free and open market
and a national market system and, in
general, protect investors and the public
interest because the proposed nonsubstantive changes would add clarity,
transparency and consistency to the
6 15
7 15
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U.S.C. 78f(b).
U.S.C. 78f(b)(5).
22DEN1
]]>Agencies
[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72643-72646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27726]
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OFFICE OF SPECIAL COUNSEL
Privacy Act; System of Records
AGENCY: U.S. Office of Special Counsel.
ACTION: Notice of a new system of records.
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SUMMARY: The U.S. Office of Special Counsel (OSC) seeks, in accordance
with the Privacy Act of 1974, to establish a new system of records
titled, ``Office of Special Counsel, OSC-4, Reasonable Accommodation
Records.'' This system of records allows OSC to collect and maintain
information from employees who request accommodations from OSC for
medical or religious reasons.
DATES: Written comments should be received on or before January 21,
2022.
ADDRESSES: You may submit written comments by mail to the: U.S. Office
of Special Counsel, Office of the Clerk, 1730 M St. NW, Washington, DC
20036; or by email via: [email protected].
FOR FURTHER INFORMATION CONTACT: Amy Beckett, Senior Litigation
Counsel, by telephone at (202) 804-7000, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: OSC is a permanent independent federal
investigative and prosecutorial agency. OSC's basic authorities come
from four federal statutes: The Civil Service Reform Act, the
Whistleblower Protection Act, the Hatch Act, and the Uniformed Services
Employment & Reemployment Rights Act (USERRA). OSC's primary mission is
to safeguard the merit system by protecting federal employees and
applicants from prohibited personnel practices, especially reprisal for
whistleblowing, and to serve as a safe channel for allegations of
wrongdoing.
Title V of the Rehabilitation Act of 1973, as amended, prohibits
discrimination in services and employment based on disability, and
Title VII of the Civil Rights Act of 1974 prohibits discrimination,
including based on 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 addition,
some individuals may request modifications to their workspace,
schedule, duties, or other requirements for reasons that may not
qualify as a disability but may lead to an appropriate modification to
workplace policies and practices.
In accordance with the Privacy Act of 1974, OSC proposes to
establish a new system of records that allows OSC to collect and
maintain information from employees who request reasonable
accommodations from OSC for medical or religious reasons. Employees
include applicants for employment and other individuals who participate
in OSC programs and activities and who request reasonable
accommodations and/or other appropriate modifications from OSC for
medical or religious reasons.
SYSTEM NAME AND NUMBER:
Office of Special Counsel, OSC-4, Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
OSC's work related to this system of records would not ordinarily
involve records that contain classified information. In the event there
is classified information, OSC would maintain such records using
methods approved for handling classified material.
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SYSTEM LOCATION:
Records are primarily maintained electronically by the Chief Human
Capital Officer on OSC's Microsoft Enterprise System and/or in
designated FedRAMP-authorized cloud service providers.
SYSTEM MANAGER(S):
Chief Information Officer and Chief Human Capital Officer, U.S.
Office of Special Counsel, 1730 M St. NW, Suite 218, Washington, DC
20006, [email protected] and [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 OSC to collect
and maintain records on employees, applicants for employment, and other
individuals who participate in OSC programs or activities, who request
from OSC an accommodation or other modification for medical or
religious reasons; to process, evaluate, and make decisions on
individual requests; and to track and report the processing of such
requests OSC-wide to comply with applicable requirements in law and
policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for Federal employment, Federal employees, and visitors
to Federal buildings who request a reasonable accommodation or other
appropriate modifications from OSC for medical or religious reasons.
CATEGORIES OF RECORDS IN THE SYSTEM:
The principal types of records in the system are requests for
reasonable accommodations that include the following:
[ssquf] Requester's name;
[ssquf] Requester's status (applicant or current employee);
[ssquf] Date of request;
[ssquf] Employee's position title, grade, series, step;
[ssquf] Position title, grade, series, step of the position the
requester is applying for;
[ssquf] Requester's contact information (addresses, phone numbers,
and email addresses);
[ssquf] Description of the requester's medical condition or
disability and any medical documentation provided in support of the
request;
[ssquf] 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;
[ssquf] Description of the accommodation being requested;
[ssquf] Description of previous requests for accommodation;
[ssquf] Whether the request was made orally or in writing;
[ssquf] Documentation by an OSC 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 OSC
official from meeting the relevant timeframe;
[ssquf] Whether the request for reasonable accommodation was
granted or denied, and if denied the reason for the denial;
[ssquf] The amount of time taken to process the request;
[ssquf] The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation;
[ssquf] Any reports or evaluations prepared in determining whether
to grant or deny the request; and
[ssquf] 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 a
reasonable accommodation or other appropriate modification from OSC;
directly or indirectly from appropriate medical professionals; 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:
The following routine uses permit OSC to:
a. Disclose information to appropriate federal entities with
subject matter expertise to the extent necessary to obtain advice on
any authorities, programs, or functions associated with records in this
system;
b. Disclose information to the Office of Personnel Management (OPM)
pursuant to Civil Service Rule 5.4 (5 CFR 5.4), or obtain an advisory
opinion concerning the application or effect of civil service laws,
rules, regulations, or OPM guidelines in particular situations;
c. Disclose to the Equal Employment Opportunity Commission or any
other agency or office concerned with the enforcement of the anti-
discrimination laws, information concerning the reasonable
accommodation;
d. Disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose(s) of the request, and to
identify the type of information requested), where necessary to obtain
information relevant to an agency decision concerning: The grant or
denial of a medical or religious accommodation or modification;
e. Provide information to a congressional office from the record of
an individual in response to an inquiry from that congressional office
(made at the written request of that individual);
f. Furnish information to the National Archives and Records
Administration (NARA) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906, or other functions authorized by
laws, regulations, and policies governing NARA operations and OSC
records management responsibilities;
g. Disclose information when consulting with, or referring a record
to, another Federal entity for the purpose of making a decision on a
request for information under the FOIA or the Privacy Act; or to the
Office of Government Information Services established at NARA by the
Open Government Act of 2007, which amended the FOIA, for the purpose of
conducting mediation and otherwise resolving disputes under FOIA;
h. Disclose records to the Department of Justice (DOJ) when: 1. Any
of the following entities or individuals is a party to litigation or
has an interest in litigation: A. The OSC; B. Any employee of OSC in
their official capacity; C. Any employee of OSC in their individual
capacity whom DOJ has been asked or agreed to represent; or D. The
United States, where OSC determines that OSC will be affected by the
litigation; and 2. OSC determines that use of the records by DOJ is
relevant and necessary to the litigation;
i. Disclose records in a proceeding before a court or adjudicative
body, before which OSC is authorized to appear, when: 1. Any of the
following entities or individuals is a party to, or
[[Page 72645]]
has an interest in the proceedings: A. OSC; B. Any employee of OSC in
their official capacity; C. Any employee of OSC in their individual
capacity whom OSC has agreed to represent; or D. The United States,
where OSC determines that OSC will be affected by the proceedings; and
2. OSC determines that use of the records is relevant and necessary to
the proceedings;
j. Disclose information to first aid and safety personnel if the
individual requires emergency treatment;
k. Disclose information to an Office of Inspector General (OIG) or
comparable internal inspection, audit, or oversight office of an agency
for the purpose of facilitating the coordination and conduct of
investigations and review of allegations within the purview of both OSC
and the agency OIG or comparable office; or in notifying an OIG (or
comparable office) of the disposition of matters referred by the OIG
(or comparable office) to OSC;
l. Disclose information to the news media and the public when (1)
the matter under investigation has become public knowledge, (2) the
Special Counsel determines that disclosure is necessary to preserve
confidence in the integrity of the OSC investigative process or is
necessary to demonstrate the accountability of OSC officers, employees,
or individuals covered by this system, or (3) the Special Counsel
determines that there exists a legitimate public interest (e.g., to
demonstrate that the law is being enforced, or to deter the commission
of prohibited personnel practices, prohibited political activity, and
other prohibited activity within OSC's jurisdiction), except to the
extent that the Special Counsel determines in any of these situations
that disclosure of specific information in the context of a particular
case would constitute an unwarranted invasion of personal privacy;
m. Disclose information to another Federal agency or oversight body
charged with evaluating OSC's compliance with the laws, regulations,
and policies governing reasonable accommodation requests;
n. Disclose information to another Federal agency pursuant to a
written agreement with OSC to provide services (such as medical
evaluations), when necessary, in support of reasonable accommodation
decisions;
o. Disclose information to agency contractors, experts,
consultants, detailees, or non-OSC employees performing or working on a
contract, service, or other activity related to the system of records,
when necessary to accomplish an agency function related to the system;
p. Make lists and reports available to the public pursuant to 5
U.S.C. 1219;
q. Disclose information: 1. To appropriate agencies, entities, and
persons when: (1) OSC suspects or has confirmed that there has been a
breach of the system of records; (2) OSC has determined that as a
result of the suspected or confirmed compromise there is a risk of harm
to individuals, OSC (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 OSC's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm; 2. To another Federal agency, or Federal entity when OSC
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;
r. Disclose pertinent information 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 civil or criminal law
or regulation; and
s. Disclose information to the Integrity Committee established
under section 11(d) of the Inspector General Act of 1978, when needed
because of receipt, review or referral to the Integrity Committee under
section 7(b) of Public Law 110-409; or as needed for a matter referred
to OSC by the Integrity Committee.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
OSC's Microsoft Enterprise System and/or in designated FedRAMP-
authorized cloud service providers segregated from non-government
traffic and data. Access is limited to those agency personnel who have
an official need for access to perform their duties and who have
appropriate clearances or permissions. OSC requires new employees to
read and acknowledge agency directives, including information
technology user roles and responsibilities, records management, and
privacy protection. OSC requires all employees to complete annual
cybersecurity awareness training.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or other unique personal
identifiers.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system of records are maintained in accordance with
GRS 2.3 and are destroyed three (3) years after separation from the
agency or all appeals are concluded, whichever is later, but longer
retention is authorized if requested for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in the system are protected from unauthorized access and
misuse through various administrative, technical, and electronic
security measures. OSC's security measures are in compliance with the
Federal Information Security Modernization Act (Pub. L. 113-283),
associated OSC's policies, and applicable standards and guidance from
the National Institute of Standards and Technology. Controls are in
place to minimize the risk of compromising the information that is
electronically 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 who wish to seek notification of and/or access to their
records in the system of records should contact OSC's FOIA/Privacy Act
Officer, U.S. Office of Special Counsel by mail at 1730 M Street NW,
Suite 218, Washington, DC 20036; or by email at [email protected]. To
assist in the process of locating and identifying records, individuals
should furnish the following: Name and home address; business title and
address; any other known identifying information such as an agency file
number or identification number; a description of the circumstances
under which the records were compiled; and any other information deemed
necessary by OSC to properly process the request. Requesters should
reasonably describe the records they seek. Rules about FOIA access are
in 5 CFR 1820 and rules about Privacy Act access are in 5 CFR 1830.
[[Page 72646]]
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest records about themselves should
contact OSC's Privacy Act Officer, identify any information they
believe should be corrected, and furnish a statement of the basis for
the requested correction along with all available supporting documents
and materials. See OSC Privacy Act regulations at 5 CFR part 1830.
NOTIFICATION PROCEDURES:
Individuals who wish to inquire whether this system contains
information about them should follow the Record Access procedures noted
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Date: December 16, 2021.
Travis Millsaps,
Deputy Special Counsel for Public Policy.
[FR Doc. 2021-27726 Filed 12-21-21; 8:45 am]
BILLING CODE 7405-01-P
