Privacy Act of 1974; System of Records, 11486-11489 [2022-04183]

Agencies

• Millennium Challenge Corporation

[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11486-11489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04183]


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MILLENNIUM CHALLENGE CORPORATION

[MCC FR 22-03]


Privacy Act of 1974; System of Records

AGENCY: Millennium Challenge Corporation.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Millennium 
Challenge Corporation (MCC) proposes to establish a new system of 
records titled, ``MCC/Internal-2 Reasonable Accommodations Records.'' 
This system of records will include information that MCC collects and 
maintains on current and former federal employees, consultants, 
applicants, Personal Service Contractors, and federal contractors who 
request and/or receive reasonable accommodations from MCC for medical 
or religious reasons.

DATES: Submit comments on or before March 31, 2022. This new system is 
effective upon publication in the Federal Register, except for the 
routine uses, which are effective March 31, 2022.

ADDRESSES: You may submit written comments through the Federal 
Rulemaking Portal: https://www.regulations.gov. All submissions received 
must include the agency name and docket number for this Federal 
Register document. The general policy for comments and other 
submissions from members of the public is to make them available for 
public viewing on the internet at https://www.regulations.gov as they 
are received without change, including any personal identifiers or 
contact information.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Kim Bell, Acting Managing Director of Human Resources, Office of Human 
Resources, Department of Administration and Finance, Tel. 202-521-3603, 
[email protected]. For privacy questions, please contact: Christopher Ice, 
Chief Privacy Officer, at [email protected]. Please put ``Reasonable 
Accommodations SORN'' in the subject line of your email.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
the Millennium Challenge

[[Page 11487]]

Corporation (MCC) proposes to establish a new system of records titled, 
``MCC/Internal-2 Reasonable Accommodations Records.'' This system of 
records covers MCC's collection and maintenance of records on 
applicants for employment, employees, and other individuals who 
participate in MCC programs or activities who request or receive 
reasonable accommodations or other appropriate modifications from MCC 
for medical or religious reasons.
    Title V of the Rehabilitation Act of 1973, as amended, prohibits 
discrimination in services and employment on the basis of disability, 
and Title VII of the Civil Rights Act of 1974 prohibits discrimination, 
including on the basis of religion. These prohibitions on 
discrimination require Federal agencies to provide reasonable 
accommodations to individuals with disabilities and those with 
sincerely held religious beliefs unless doing so would impose an undue 
hardship. In some instances, individuals may request modifications to 
their workspace, schedule, duties, or other requirements for documented 
medical reasons that may not qualify as a disability but may 
necessitate an appropriate modification to workplace policies and 
practices. MCC may address those requests pursuant to the general 
authority of the CEO contained in Title V of the United States Code.
    Reasonable accommodations may include, but are not limited to: 
Making existing facilities readily accessible to individuals with 
disabilities; restructuring jobs, modifying work schedules or places of 
work, and providing flexible scheduling for medical appointments or 
religious observance; acquiring or modifying equipment or examinations 
or training materials; providing qualified readers and interpreters, 
personal assistants, service animals; granting permission to wear 
religious dress, hairstyles, or facial hair or to observe a religious 
prohibition against wearing certain garments; considering requests for 
medical and religious exemptions to specific workplace requirements; 
and making other modifications to workplace policies and practices.
    MCC's Office of Human Resources processes requests for reasonable 
accommodations from employees and applicants for employment, 
respectively, who require an accommodation due to a medical or 
religious reason; MCC's Human Resources also processes requests based 
on documented medical reasons that may not qualify as a disability but 
that necessitate an appropriate modification to workplace policies and 
practices. The request, documentation provided in support of the 
request, any evaluation conducted internally, or by a third party under 
contract to MCC, the decision regarding whether to grant or deny a 
request, and the details and conditions of the reasonable accommodation 
are all included in this system of records.
    MCC has provided a report of this system of records to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget (OMB), 
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act,'' dated December 23, 2016. This system will be included in 
the MCC inventory of record systems.

SYSTEM NAME AND NUMBER:
    MCC/Internal-2 Reasonable Accommodations Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained primarily by the MCC's Office of Human 
Resources, Department of Administration and Finance. 1099 Fourteenth 
Street NW, Suite 700, Washington, DC 20005-3550. Records may be located 
in locked cabinets and offices, on MCC's local area network, or in 
designated U.S. data centers for FedRAMP-authorized cloud service 
providers.

SYSTEM MANAGER(S):
    Managing Director of Human Resources, Office of Human Resources, 
Department of Administration and Finance. 1099 Fourteenth Street NW, 
Suite 700, Washington, DC 20005-3550.

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 MCC to collect 
and maintain records on applicants for employment, employees, and other 
individuals who participate in MCC programs or activities who request 
or receive reasonable accommodations or other appropriate modifications 
from MCC for medical or religious reasons; to process, evaluate, and 
make decisions on individual requests; and to track and report the 
processing of such requests MCC-wide to comply with applicable 
requirements in law and policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for Federal employment, Federal employees, consultants, 
contractors, personal services contractors, and visitors to Federal 
buildings who requested and/or received reasonable accommodations or 
other appropriate modifications from MCC for medical or religious 
reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Requests for accommodations or legally required exceptions and 
supporting documentation may include medical information and/or 
religious affiliation; notes or records made during consideration of 
requests; decisions on requests; records made to implement or track 
decisions on requests.
     Requester's name;
     Requester's status (applicant or current employee);
     Date of request;
     Employee's position title, grade, series, step;
     Position title, grade, series, step of the position the 
requester is applying for;
     Requester's contact information (addresses, phone numbers, 
and email addresses);
     Description of the requester's medical condition or 
disability and any medical documentation provided in support of the 
request;
     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;
     Description of the accommodation being requested;
     Description of previous requests for accommodation;
     Whether the request was made orally or in writing;
     Documentation by an MCC 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

[[Page 11488]]

necessary regarding possible accommodations, and any extenuating 
circumstances that prevent the MCC official from meeting the relevant 
timeframe;
     Whether the request for reasonable accommodation was 
granted or denied, and if denied the reason for the denial;
     The amount of time taken to process the request;
     The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
     Any reports or evaluations prepared in determining whether 
to grant or deny the request; and
     Any other information collected or developed in connection 
with the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals who request and/or 
receive a reasonable accommodation or other appropriate modification 
from MCC, directly or indirectly from an individual's medical provider 
or another medical professional who evaluates the request, directly or 
indirectly from an individual's religious or spiritual advisors or 
institutions, and from management officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, the MCC may disclose information contained in this 
system of records without the consent of the subject individual if the 
disclosure is compatible with the purpose for which the record was 
collected under the following routine uses:
    (a) To the Department of Justice, including Offices of the U.S. 
Attorneys; another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party in litigation before a court, adjudicative, or 
administrative body; or to a court, adjudicative, or administrative 
body. Such disclosure is permitted only when it is relevant or 
necessary to the litigation or proceeding, and one of the following is 
a party to the litigation or has an interest in such litigation:
    (1) MCC, or any component thereof;
    (2) Any employee or former employee of MCC in his or her official 
capacity;
    (3) Any employee or former employee of MCC in his or her capacity 
where the Department of Justice or MCC has agreed to represent the 
employee;
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the MCC General Counsel's approval, pursuant to 5 CFR part 295 or 
otherwise.
    (b) To the appropriate Federal, State, or local agency responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order, when a record, either on its face or in 
conjunction with other information, indicates or is relevant to a 
violation or potential violation of civil or criminal law or 
regulation.
    (c) To a member of Congress from the record of an individual in 
response to an inquiry made at the request of the individual to whom 
the record pertains.
    (d) To the National Archives and Records Administration (NARA) for 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    (e) To appropriate agencies, entities, and persons when
    (1) MCC suspects or has confirmed that there has been a breach of 
the system of records;
    (2) MCC has determined that as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, MCC 
(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 MCC's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    (f) To another Federal agency or Federal entity, when MCC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in
    (1) responding to a suspected or confirmed breach or
    (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    (g) To contractors, grantees, experts, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for MCC when MCC determines that it is 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to MCC employees.
    (h) To another federal agency or commission with responsibility for 
labor or employment relations or other issues, including equal 
employment opportunity and reasonable accommodation issues, when that 
agency or commission has jurisdiction over reasonable accommodation.
    (i) To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official engages in 
investigation or settlement of a grievance, complaint, or appeal filed 
by an individual who requested a reasonable accommodation or other 
appropriate modification.
    (j) To another Federal agency, including but not limited to the 
Equal Employment Opportunity Commission and the Office of Special 
Counsel to obtain advice regarding statutory, regulatory, policy, and 
other requirements related to reasonable accommodation.
    (k) To a Federal agency or entity authorized to procure assistive 
technologies and services in response to a request for reasonable 
accommodation.
    (l) To first aid and safety personnel if the individual's medical 
condition requires emergency treatment.
    (m) To another Federal agency or oversight body charged with 
evaluating MCC's compliance with the laws, regulations, and policies 
governing reasonable accommodation requests.
    (n) To another Federal agency pursuant to a written agreement with 
MCC to provide services (such as medical evaluations), when necessary, 
in support of reasonable accommodation decisions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper records are maintained in locked file cabinets, and 
electronic records are maintained in an authorized MCC information 
system which has a valid and current Authority to Operate.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name or other unique personal 
identifiers. Records are indexed by name of subject; MCC department, 
division, or contract; or the type of accommodation being requested.

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 years after separation from the agency 
or all appeals are concluded, whichever is

[[Page 11489]]

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 physical security 
measures. MCC security measures are in compliance with the Federal 
Information Security Modernization Act (Pub. L. 113-283), associated 
MCC policies, and applicable standards and guidance from the National 
Institute of Standards and Technology. Strict controls have been 
imposed to minimize the risk of compromising the information that is 
stored. Access to the paper and electronic records in this system of 
records is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

NOTIFICATION PROCEDURES:
    Any person wanting to know whether this system of records contains 
information about him or her should contact the System Manager. Such 
person should provide his or her full name, position title and office 
location at the time the accommodation was requested, and a mailing 
address to which a response is to be sent.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may submit a request in writing to the 
Millennium Challenge Corporation, Attn: FOIA Program Office, 1099 
Fourteenth Street NW, Suite 700, Washington, DC 20005-3550. or by 
emailing [email protected]. Individuals must furnish the following 
information for their records to be located:
    1. Full name.
    2. Signature.
    3. The reason why the individual believes this system contains 
information about him/her.
    4. The address to which the information should be sent.

CONTESTING RECORD PROCEDURES:
    Same as the Notification Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: February 23, 2022.
Thomas G. Hohenthaner,
Acting VP/General Counsel and Corporate Secretary.
[FR Doc. 2022-04183 Filed 2-28-22; 8:45 am]
BILLING CODE 9211-03-P