Reasonable Accommodation, Religious Exception, and Medical Exception Health Records, 2199-2202 [2022-00621]

Agencies

• Selective Service System

[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2199-2202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00621]


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SELECTIVE SERVICE SYSTEM


Reasonable Accommodation, Religious Exception, and Medical 
Exception Health Records

AGENCY: Selective Service System.

ACTION: Notice of new system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Selective Service System (SSS) is issuing a public notice 
of its intent to create a Privacy Act System of Records titled, 
``Reasonable Accommodation, Religious Exception, and Medical Exception 
Health Records.'' This System of Records notice (SORN) describes 
Selective Service's collection, maintenance, and use of records related 
to requests for reasonable accommodation under Title VII of the Civil 
Rights Act of 1964 or the applicable provisions of the Americans with 
Disabilities Act as applied to the Federal Government through the 
Rehabilitation Act and the Religious Freedom Restoration Act of 1993. 
This newly established system will be included in the SSS inventory of 
record systems.

DATES: Please submit comments on or before 30 days after date of 
publication in the Federal Register. This new system is effective upon 
publication in today's Federal Register, with the exception of the 
routine uses, which are effective 30 days after date of publication in 
the Federal Register.

ADDRESSES: Written comments and recommendations should be sent to 
[email protected] or to the Selective Service System, Mr. Daniel 
Mira, Senior Agency Official for Privacy, 1515 Wilson Boulevard, 
Arlington, Virginia 22209-2425. A copy of the comments should be sent 
to the Office of Information and Regulatory Affairs, Attention: Desk 
Officer, Selective Service System, Office of Management and Budget, New 
Executive Office Building, Room 3235, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Mira, Senior Agency 
Official for Privacy, Office of Information Technology, Selective 
Service System, 1515 Wilson Boulevard, Arlington, Virginia 22209-2425.

SUPPLEMENTARY INFORMATION: Executive Order 14043, Requiring Coronavirus 
Disease 2019 Vaccination for Federal Employees, signed September 9, 
2021, establishes mandatory requirements for Federal executive agencies 
to implement a program to require COVID-19 vaccinations for Federal 
employees, with some exceptions as required by law. Additionally, 
Executive Order 14042, Ensuring Adequate COVID Safety Protocols for 
Federal Contractors, signed September 9, 2021, establishes requirements 
for Federal executive agencies to implement workplace safety protocols 
for contractors and subcontractors to protect the health and safety of 
the Federal workforce and members of the public. SSS is implementing 
these requirements to

[[Page 2200]]

ensure the safety of its workforce and visitors to its facilities and 
sponsored events.
    A report on this new system has been sent to OMB, the Chairman, 
Committee on Government Reform and Oversight, U.S. House of 
Representatives; and Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate as required by the Privacy 
Act.
    If changes are made based on the SSS review of comments received, 
the SSS will publish a subsequent notice.
    This system of records is maintained by the SSS and contains 
personal information about individuals from which information is 
retrieved by an individual's name or identifier.
    The notice for this System of Records states the name and location 
of the record system, the authority for and manner of its operation, 
the categories of individuals that it covers, the types of records that 
it contains, the sources of information in those records, and the 
routine uses. This notice also includes the business address of the SSS 
official who will inform interested persons of the procedures whereby 
they may gain access to and request amendment of records pertaining to 
them.
    The Privacy Act provides certain safeguards for an individual 
against an invasion of personal privacy by requiring Federal agencies 
to protect records contained in an agency System of Records from 
unauthorized disclosure and to ensure that information is current and 
accurate for its intended use and that adequate safeguards are provided 
to prevent misuse of such information.

SYSTEM NAME:
    Reasonable Accommodation, Religious Exception, and Medical 
Exception Health Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Selective Service System, 1515 Wilson Boulevard, Arlington, 
Virginia 22209-2425.

SYSTEM MANAGER(S):
    Mr. Daniel Mira, Senior Agency Official for Privacy, 1515 Wilson 
Boulevard, Arlington, Virginia 22209-2425.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The collection and maintenance of accommodation records is 
authorized by the Rehabilitation Act, 29 U.S.C. 791, and Title VII of 
the Civil Rights Act, 42 U.S.C. 2000e, as well as Executive Order 13164 
and 29 CFR 1605 and 1614.

PURPOSE(S) OF THE SYSTEM:
    This system is to maintain records necessary and relevant to SSS 
activities responding to and mitigating high-consequence public health 
threats, including, but not limited to: COVID-19 or diseases and 
illnesses relating to a public health emergency, pandemic, or other 
high-consequence public health threat. The President's September 9, 
2021, Executive Order 14043, requires all Federal workers to be 
vaccinated, except in limited circumstances as required by law. 
Accordingly, this System of Records is designed to collect records 
related to vaccination status, including records related to the 
processing of requests from employees, applicants for employment who 
are seeking a reasonable accommodation based upon disability under the 
Rehabilitation Act or for a religious belief, observance, or practice 
under Title VII of the Civil Rights Act of 1964 for the vaccination 
requirement contained in Executive Order 14043, or the Religious 
Freedom Restoration Act of 1993, 42 U.S.C. chapter 21B; or other 
applicable law.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system includes individuals who request reasonable 
accommodations exemptions for the COVID-19 vaccine requirement and 
agency officials processing or making reasonable accommodation 
assessments and decisions. These records also include information on 
authorized individuals, such as a family member, health professional, 
or other representatives submitting the request on behalf of an 
individual.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records related to reasonable accommodation exceptions, medical or 
religious, from the COVID-19 vaccine requirement. These records may 
include but are not limited to:
    1. Name;
    2. Individual requester's status as an applicant, current or former 
employee, or other status;
    3. Individual requester's occupational series and grade level for 
which reasonable accommodation had been requested;
    4. Contact information such as work or personal address, phone 
number, and email address;
    5. Date a request was submitted verbally or in writing;
    6. Documented requests for different type(s) of reasonable 
accommodation requested;
    7. How the requested accommodation would assist in job performance;
    8. Supervisor's name, address, and contact information;
    9. Name and contact information of a family member, health 
professional, or other representative submitting a request on behalf of 
an individual;
    10. Medical documentation about a disability or medical condition, 
or other appropriate supporting information submitted or required to 
process the request;
    11. Records on religious beliefs, observances or practices 
including descriptions of employee's belief, observance or practice, 
medicines or medical products that are used or not used by an employee 
due to a belief, observance or practice;
    12. Name, title, and contact information of SSS officials 
processing, deciding or referring a request for reasonable 
accommodation;
    13. Agency decisions including whether a request was granted or 
denied, reasons for a denial, date a request was approved or denied, 
date a reasonable accommodation was provided to the individual;
    14. The amount of time taken to process a request, including 
whether the recommended time frames were met as outlined in the 
reasonable accommodation procedures;
    15. Any other information that is submitted by individuals in 
support of requests for reasonable accommodation, or that is necessary 
and relevant to support agency assessment and decision regarding the 
request.

RECORD SOURCE CATEGORIES:
    Records may be obtained from SSS personnel who may provide relevant 
information on information related to a request for an exception from 
the COVID-19 vaccination requirement. Information may also be sourced 
from personnel at medical facilities, or from existing systems of 
records, including but not limited to OPM/GOVT-10, ``Employee Medical 
File System Records,'' (75 FR 35099; June 21, 2010), and modified on 
November 30, 2015 (80 FR 74815).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, the SSS may disclose information contained in this 
System of Records without the consent of the persons mentioned herein 
if the disclosure is compatible with the purpose for which the record 
was collected under the following routine uses:
    1. To appropriate medical facilities, or Federal, State, local, 
Tribal, territorial or

[[Page 2201]]

foreign government agencies, to the extent permitted by law, for the 
purpose of protecting the vital interests of individual(s), including 
to assist the United States Government in responding to or mitigating 
high-consequence public health threats, or diseases and illnesses 
relating to a public health emergency.
    2. To determine eligibility for access to SSS offices or sites, or 
other Federal facilities.
    3. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate Federal, State, local, territorial, Tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    4. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the SSS determines that the 
records are arguably relevant to its proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    5. To contractors and others performing or working on a contract, 
service, grant, cooperative agreement, or other assignment for the 
Federal Government, when necessary to accomplish an SSS function 
related to this System of Records.
    6. A record on an employee or contractor from this System of 
Records may be disclosed as a routine use to a Federal, State, local, 
territorial, Tribal, or foreign agency requesting a record that is 
relevant and necessary to its decision on a matter of hiring or 
retaining an employee, issuing a security clearance, reporting an 
investigation of that individual, letting a contract, or issuing a 
license, grant, or other benefit.
    7. A record on an employee or contractor from this System of 
Records may be disclosed as a routine use to a Congressional office in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    8. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    9. To appropriate agencies, entities, and persons when (1) the SSS 
suspects or has confirmed that there has been a breach of the System of 
Records. (2) the SSS has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to an individual(s), the 
SSS (including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the SSS efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    10. To another Federal agency or Federal entity, when the SSS 
determines that information from this System of Records is 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.
    11. To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the SSS and 
meeting related reporting requirements.
    12. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    13. A record from this System of Records may be disclosed as a 
routine use to SSS paid experts or consultants, and those under 
contract with the SSS on a ``need-to-know'' basis for purpose within 
the scope of the pertinent SSS task. This access will be granted to a 
SSS contractor or employee of such contractor by a system manager only 
after satisfactory justification has been provided to the system 
manager.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    All records in this System of Records are maintained and in 
compliance with applicable executive orders, statutes, and agency 
implementing recommendations. Electronic records are stored in 
databases and/or on hard disks, removable storage devices, or other 
electronic media. Paper records are maintained in a secure, access 
controlled room, with access limited to authorized personnel. To the 
extent applicable, to ensure compliance with Americans with 
Disabilities Act, the Rehabilitation Act, and the Genetic Information 
Nondiscrimination Act of 2008, medical information must be maintained 
on separate forms and in separate medical files and be treated as a 
confidential medical record.
    SSS has ITSP-64 for Media Protection which establishes a uniform 
process for protecting and storing PII and media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records will be retrieved by any of the categories of records, 
including name, location, date of vaccine exception request, or work 
status.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are temporary and are maintained and 
destroyed in accordance with National Archives and Records 
Administration General Records Schedule 2.7 Employee Health and Safety 
Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computerized records systems follow the National Institute of 
Standards and Technology privacy and security standards as developed to 
comply with the Privacy Act of 1974, as amended, 5 U.S.C. 552a; 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal 
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.; 
and the Federal Information Processing Standards 199: Standards for 
Security Categorization of Federal Information and Information Systems. 
Security controls include user identification, multi-factor 
authentication, database permissions, encryption, firewalls, audit 
logs, network system security monitoring, and software controls.
    SSS has ITSP-11 for Access Control This policy applies to all SSS 
information users, owners, contractors and custodians, as well as 
access to any SSS information resources. Access to records in the 
system is limited to authorized personnel who have a need to access the 
records in the performance of their official duties, and each user's 
access is restricted to only the functions and data necessary to 
perform that person's job responsibilities. System administrators and 
authorized users are trained and required to follow established 
internal security protocols and must complete all security, privacy, 
and records management training and sign the SSS Rules of Behavior.

RECORDS ACCESS PROCEDURES:
    Same as ``Notification procedures.''

CONTESTING RECORDS PROCEDURES:
    Same as ``Notification procedures.''

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this System of Records 
contains information about them should write to Mr. Daniel Mira, Senior 
Agency Official

[[Page 2202]]

for Privacy and comply with procedures contained in the SSS Privacy Act 
Regulation 32 CFR part 1665.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Daniel Mira,
Deputy Chief Information Officer, Senior Agency Official for Privacy.
[FR Doc. 2022-00621 Filed 1-12-22; 8:45 am]
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