Privacy Act of 1974; System of Records, 78854-78858 [2024-22084]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78854-78858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22084]


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DEPARTMENT OF ENERGY


Privacy Act of 1974; System of Records

AGENCY: Department of Energy.

ACTION: Notice of a new system of records.

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SUMMARY: As required by the Privacy Act of 1974 and the Office of 
Management and Budget (OMB) Circulars A-108 and A-130, the Department 
of Energy (DOE or the Department) is publishing notice of a new Privacy 
Act system of records. DOE proposes to establish System of Records DOE-
47 Reasonable Accommodation Requests Records. The purpose of this 
system of records is to assemble under a single, focused system the 
Department's collection and treatment of information concerning records 
on employees and applicants for employment who seek and receive medical 
and non-medical reasonable accommodations.

DATES: This System of Records Notice (SORN) will become applicable 
following the end of the public comment period on October 28, 2024 
unless comments are received that result in a contrary determination.

ADDRESSES: Written comments should be sent to the DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street NW, 
Washington, DC 20503, and to Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm. 8H-085, 
Washington, DC 20585, by facsimile at (202) 586-8151, or by email at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm. 8H-085, 
Washington, DC 20585, by facsimile at (202) 586-8151, by email at 
[email protected], or by telephone: (240) 686-9485.

SUPPLEMENTARY INFORMATION: This notice proposes the establishment of a 
new system of records, DOE-47 Reasonable Accommodation Requests 
Records, to collect, maintain, and disseminate records on employees and 
applicants for employment who seek and receive medical and non-medical 
accommodations. The purpose of this System of Records is to assemble 
the Department's collection and treatment of this information together 
under a single, focused system. Information collected and maintained in 
this system includes data elements on: applicants for Federal 
employment who have disabilities; Federal employees with disabilities 
who seek accommodations to allow them to perform the essential 
functions of their job; Federal employees with disabilities who request 
or receive reasonable accommodation as required by the Department as 
the Rehabilitation Act of 1973 or the Americans with Disabilities Act, 
as amended by the Americans with Disabilities Act Amendment Act of 2008 
(ADAAA); individuals who receive medical and non-medical accommodations 
under Title VII of the Civil Rights Act of 1964; and Federal employees 
or applicants for employment requesting accommodation based on a 
``sincerely held'' religious belief, practice, or observance under the 
Religious Freedom Restoration Act. This system includes requests for a 
medical or religious accommodation. Another purpose of this system is 
to track and report the processing of Department-wide requests for 
reasonable accommodation while ensuring compliance with applicable laws 
and regulations, including confidentiality requirements protecting 
personally identifiable information individuals submit in support of 
accommodation requests.

SYSTEM NAME AND NUMBER:
    DOE-47 Reasonable Accommodation Requests Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Systems leveraging this SORN may exist in multiple locations. All 
systems storing records in a cloud-based server are required to use 
government-approved cloud services and follow National Institute of 
Standards and Technology (NIST) security and privacy standards for 
access and data retention. Records maintained in a government-approved 
cloud server are accessed through secure data centers in the 
continental United States.
    U.S. Department of Energy, Office of the General Counsel, 1000

[[Page 78855]]

Independence Avenue SW, Washington, DC 20585.
    U.S. Department of Energy, Bonneville Power Administration, P.O. 
Box 3621, Portland, OR 97208.
    U.S. Department of Energy, Carlsbad Field Office, 4021 National 
Parks Highway, P.O. Box 3090, Carlsbad, NM 88221.
    U.S. Department of Energy, Environmental Management Consolidated 
Business Center (EMCBC), 550 Main Street, Room 7-010, Cincinnati, OH 
45202.
    U.S. Department of Energy, Golden Field Office, 15013 Denver West 
Parkway, Golden, CO 80401.
    U.S. Department of Energy, Idaho Operations Office, 1955 Fremont 
Avenue, Idaho Falls, ID 83415.
    U.S. Department of Energy, National Energy Technology Laboratory, 
(Pittsburgh) 626 Cochran Mill Road, Pittsburgh, PA 15236.
    U.S. Department of Energy, National Energy Technology Laboratory 
(Morgantown), 3610 Collins Ferry Road, Morgantown, WV 26505.
    U.S. Department of Energy, National Energy Technology Laboratory, 
(Albany) 1450 Queen Avenue SW, Albany, OR 97321.
    U.S. Department of Energy, NNSA Naval Reactors Field Office, P.O. 
Box 109, West Mifflin, PA 15122-0109.
    U.S. Department of Energy, NNSA Naval Reactors Headquarters, 1240 
Isaac Hull Avenue SE, Washington Navy Yard, DC 20376-0822.
    U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, 
Las Vegas, NV 89193-8518.
    U.S. Department of Energy, NNSA Service Center, NNSA Albuquerque 
Complex, P.O. Box 5400, Albuquerque, NM 87185-5400.
    U.S. Department of Energy, Office of Science Consolidated Service 
Center, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831.
    U.S. Department of Energy, Office of Science Consolidated Service 
Center, Chicago Office, 9800 South Cass Avenue, Lemont, IL 60439.
    U.S. Department of Energy, Office of Science and Technical 
Information, 1 Science Gov Way, P.O. Box 62, Oak Ridge, TN 37830.
    U.S. Department of Energy, Hanford Field Office, P.O. Box 550, 
Richland, WA 99352.
    U.S. Department of Energy, Savannah River Operations Office, P.O. 
Box A, Aiken, SC 29801.
    U.S. Department of Energy, Southeastern Power Administration, 1166 
Athens Tech Road, Elberton, GA 30635-6711.
    U.S. Department of Energy, Southwestern Power Administration, One 
West Third Street, Suite 1500, Tulsa, OK 74103.
    U.S. Department of Energy, Strategic Petroleum Reserve Project 
Management Office, 900 Commerce Road East, New Orleans, LA 70123.
    U.S. Department of Energy, Western Area Power Administration, P.O. 
Box 281213, Lakewood, CO 80228-8213.

SYSTEM MANAGER:
    Director, Office of Policy, Labor and Employee Relations, Office of 
the Chief Human Capital Officer, U.S. Department of Energy, 1000 
Independence Avenue SW, Washington, DC 20585.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5 U.S.C. 301; Title 
VII of the Civil Rights Act of 1964, as amended; Civil Rights Act of 
1991; The Rehabilitation Act of 1973, 29 U.S.C. 791, as amended; The 
Americans with Disabilities Act of 1990, 42, U.S.C. 12101 et seq. 
(ADA); ``Guidelines on Discrimination Because of Religion'' and 
``Federal Sector Equal Employment Opportunity'' Title 29 Code of 
Federal Regulations (CFR) Parts 1605, 1614; Executive Order 13164, 
Requiring Federal Agencies to Establish Procedures to Facilitate the 
Provision of Reasonable Accommodation (July 26, 2000); Equal Employment 
Opportunity Commission's Policy Guidance on Religious Discrimination 
(OLC Control Number: EEOC-CVG-2021-3), July 15, 2021.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to allow the Department of Energy and 
its elements to collect, process, assess, and maintain records on 
individuals that seek medical and religious accommodations to carry out 
the essential functions of their job. The system will collect and 
maintain records pertaining to employees and applications for 
employment from individuals that have disabilities and employees with 
disabilities or other extenuating and justifiable circumstances that 
request or receive reasonable accommodation, including exceptions for 
vaccination requirements based on medical or a ``sincerely held'' 
religious belief, practice, or observance. Another purpose of the 
system is to track and report the processing of requests for reasonable 
accommodation Department-wide to comply with applicable laws and 
regulations and to preserve and maintain the confidentiality of 
information provided in support of the accommodation request. The 
system documents and tracks requests made to the Department for 
reasonable accommodation and action taken by the Department in response 
to the requests. It also serves as a reference source for inquiries and 
responses thereto on a ``need to know'' basis only. Aggregate, de-
identified data may be shared with Congress or other Federal agencies 
with an interest in employment or accommodation data and information.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include applicants 
for Federal employment and Federal employees that request or receive 
reasonable accommodation(s) on medical or religious grounds, including 
requests for medical accommodations made under the Rehabilitation Act 
of 1973, the Americans with Disabilities Act Amendments Act, requests 
for religious accommodations made under Title VII of the Civil Rights 
Act of 1964 or the Religious Freedom Restoration Act, or individuals 
asked to support requests for medical or religious accommodations, such 
as third-party medical reviewers or consultants, requestor's 
physicians, or requestor's spiritual leaders. This also includes 
participants in Department programs and activities, visitors at 
Department facilities, authorized individuals or representatives (e.g., 
family member or attorney), who request a reasonable accommodation on 
behalf of an applicant for employment or employee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Date of request; requestor's first, middle, and last names; 
employee identification number; email address, phone number, job title, 
pay plan, series, and grade; requestor's healthcare provider's name, 
license number, facility address, phone number, and email address; 
copies of employee records, such as personnel actions or pay and leave 
records, necessary for processing or effecting an accommodation, 
supplemental medical documentation, as required; authorization for 
limited release of medical information; requestor's religious or 
spiritual leader's name, email address, and phone number; name, email 
address, and phone number of third parties involved in assisting the 
requestor with making the request, such as a friend, health 
professional, or family member, and those Department officials 
processing the request, including the Designated Management Official 
(DMO), Local Reasonable Accommodation Coordinator (LRAC), Reasonable 
Accommodation Program Manager (RA PM), members of the

[[Page 78856]]

Office of the General Counsel (OGC), third-party medical reviewer's 
communications, notes, and other review materials, the requestor's 
supervisor, and requestor's Union Representative; the name and location 
of applicable Servicing Human Resources Office or Shared Service 
Center; a description of the nature of the requestor's medical 
condition and its impact on their ability to perform their job; how the 
requestor's disability affects their major life activities; a 
description of the accommodation(s) requested; requestor's religious 
belief, practice, or observance that is the basis for their request for 
accommodation; a description of the timing/duration/frequency of the 
requested accommodation; supplemental documentation from the religious 
or spiritual leader, as required; description of the length of the 
requestor's religious belief; description of the requestor's objection 
to a vaccine requirement; description of whether medical or non-medical 
condition or religious belief precludes use of all or only certain 
vaccines; list of vaccines previously taken; a description of the 
requestor's actual or potential essential job functions; a rating of 
and comments concerning how the requested accommodation(s), if granted, 
would affect essential job functions; details from the requestor's 
healthcare provider concerning the impact the disability may have on 
key duties/privileges of employment/benefits and how the requested 
accommodation(s) would lessen the requestor's burden; descriptions of 
the nature, severity, and likely duration of the disability, activities 
limited by the disability, extent or degree to which the disability 
limits activities, the functional reason the requested accommodation(s) 
is required, and how the accommodation(s) will assist the requestor in 
applying for a job, performing essential job functions or enjoying the 
benefits of employment; determination for requested reasonable 
accommodation(s) and statement of rationale for the determination; 
documentation concerning denials, reconsideration, administrative 
closure, expenses related to the accommodation, appeal rights, interim 
accommodation, and requests for and limitations on a reassignment as 
reasonable accommodation of last resort; or other management reports/
assessments, checklists, notes, and other relevant correspondence.

RECORD SOURCE CATEGORIES:
    The records are provided by the individual making the request 
(``the requestor''), third-parties acting on behalf of the requestor, 
by Department personnel involved in processing or adjudicating the 
request (including supervisors, reasonable accommodation coordinators, 
equal employment opportunity (EEO) specialists, employee relation 
specialists, attorneys, medical review personnel, and contracting 
officers and their representatives), third-party claims' reviewers or 
consultants, and by others furnishing records pertinent to the request 
(such as, the requestor's healthcare provider, religion/spiritual 
leader, or technical experts).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Any disclosures of information from this System of Records will be 
compatible with the purpose for which the Office of the Chief Human 
Capital Officer (HC) collects and maintains the information. 
Information from this system may be disclosed to the individual to whom 
it pertains, or: (1) to the individual's next-of kin, parent, guardian, 
or emergency contact; (2) to the public about an individual's 
involvement with HC with the written consent of that individual; or (3) 
in accordance with standard routine uses as follows:
    1. A record from this system may be disclosed as a routine use to 
supervisors and managers who need to know the necessary work 
restrictions and about the necessary approved accommodation(s).
    2. A record from this system may be disclosed as a routine use to 
safety, medical, emergency personnel if the disability may require 
emergency treatment.
    3. A record from this system may be disclosed as a routine use to 
government officials who investigate the reasonable accommodation 
program for compliance with and nondiscrimination under section 501 of 
the Rehabilitation Act.
    4. A record from this system may be disclosed as a routine use to 
workers' compensation offices or insurance carriers.
    5. A record from this system may be disclosed as a routine use to 
officials at a Federal, State, or local agency, such as the Equal 
Employment Opportunity Commission, that is part of the review of the 
issue(s) raised in the accommodation. A record from this system may be 
disclosed as a routine use to the appropriate local, state, tribal, or 
other Federal agency when records alone or in conjunction with other 
information, indicates a violation or potential violation of law 
whether civil, criminal, or regulatory in nature, and whether arising 
by general statute or particular program pursuant thereto.
    6. A record from this system may be disclosed as a routine use for 
the purpose of an investigation, settlement of claims, or the 
preparation and conduct of litigation to (1) persons representing the 
Department in the investigation, settlement or litigation, and to 
individuals assisting in such representation; (2) others involved in 
the investigation, settlement, and litigation, and their 
representatives and individuals assisting those representatives; (3) 
witnesses, potential witnesses, or their representatives and 
assistants; and (4) any other persons who possess information 
pertaining to the matter when it is relevant and necessary to obtain 
information or testimony relevant to the matter.
    7. A record from this system may be disclosed as a routine use in 
court or administrative proceedings to the tribunals, counsel, other 
parties, witnesses, and the public (in publicly available pleadings, 
filings, or discussion in open court) when such disclosure: (1) is 
relevant to, and necessary for, the proceeding; (2) is compatible with 
the purpose for which the Department collected the records; and (3) the 
proceedings involve:
    a. The Department, its predecessor agencies, current or former 
contractor of the Department, or other United States Government 
agencies and their components, or
    b. A current or former employee of the Department and its 
predecessor agencies, current or former contractors of the Department, 
or other United States Government agencies and their components, who is 
acting in an official capacity or in any individual capacity where the 
Department or other United States Government agency has agreed to 
represent the employee.
    8. A record from this system may be disclosed as a routine use to 
DOE contractors in performance of their contracts, and their officers 
and employees who have a need for the record in the performance of 
their duties. Those provided information under this routine use are 
subject to the same limitations applicable to Department officers and 
employees under the Privacy Act.
    9. A record from this system may be disclosed as a routine use to 
appropriate agencies, entities, and persons when (1) the Department 
suspects or has confirmed that there has been a breach of the System of 
Records; (2) the Department has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to

[[Page 78857]]

individuals, DOE (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 Department's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    10. A record from this system may be disclosed as a routine use to 
another Federal agency or Federal entity, when the Department 
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.
    11. A record from this system may be disclosed as a routine use to 
a Member of Congress submitting a request involving a constituent when 
the constituent has requested assistance from the member concerning the 
subject matter of the record. The Member of Congress must provide a 
copy of the constituent's signed request for assistance.
    12. A record from this system may be disclosed as a routine use to 
an authorized appeal grievance examiner, formal complaints examiner, 
administrative judge, equal opportunity investigator, arbitrator or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint or appeal filed by an employee.
    13. A record from this system may be disclosed as a routine use to 
such recipients and under such circumstances and procedures as are 
mandated by Federal statue, executive order, or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are on paper or in digital or other 
electronic form. Digital and other electronic images are stored on a 
storage area network in a secured environment. Records, whether paper 
or electronic, may be stored in a separate, secure location at the 
Department of Energy Headquarters or at Department field sites.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name of the requester, employing 
organizational element, or any unique identifying number assigned to 
the request, if applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposition of these records is in accordance with 
the National Archives and Records Administration approved records 
disposition schedule with a retention of 3 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records may be secured and maintained on a cloud-based 
software server and operating system that resides in Federal Risk and 
Authorization Management Program (FedRAMP) and Federal Information 
Security Modernization Act (FISMA) hosting environment. Data located in 
the cloud-based server is firewalled and encrypted at rest and in 
transit. The security mechanisms for handling data at rest and in 
transit are in accordance with DOE encryption standards. Records are 
protected from unauthorized access through the following appropriate 
safeguards:
     Administrative: Access to all records is limited to lawful 
government purposes only, with access to electronic records based on 
role and either two-factor authentication or password protection. The 
system requires passwords to be complex and to be changed frequently. 
Users accessing system records undergo frequent training in Privacy Act 
and information security requirements. Security and privacy controls 
are reviewed on an ongoing basis.
     Technical: Computerized records systems are safeguarded on 
Departmental networks configured for role-based access based on job 
responsibilities and organizational affiliation. Privacy and security 
controls are in place for this system and are updated in accordance 
with applicable requirements as determined by NIST and DOE directives 
and guidance.
     Physical: Computer servers on which electronic records are 
stored are located in secured Department facilities, which are 
protected by security guards, identification badges, and cameras. Paper 
copies of all records are locked in file cabinets, file rooms, or 
offices and are under the control of authorized personnel. Access to 
these facilities is granted only to authorized personnel and each 
person granted access to the system must be individual authorized to 
use or administer the system.

RECORD ACCESS PROCEDURES:
    The Department follows the procedures outlined in 10 CFR 1008.4. 
Valid identification of the individual making the request is required 
before information will be processed, given, access granted, or a 
correction considered, to ensure that information is processed, given, 
corrected, or records disclosed or corrected only at the request of the 
proper person.

CONTESTING RECORD PROCEDURES:
    Any individual may submit a request to the System Manager and 
request a copy of any records relating to them. In accordance with 10 
CFR 1008.11, any individual may appeal the denial of a request made by 
him or her for information about or for access to or correction or 
amendment of records. An appeal shall be filed within 90 calendar days 
after receipt of the denial. When an appeal is filed by mail, the 
postmark is conclusive as to timeliness. The appeal shall be in writing 
and must be signed by the individual. The words ``PRIVACY ACT APPEAL'' 
should appear in capital letters on the envelope and the letter. 
Appeals relating to DOE records shall be directed to the Director, 
Office of Hearings and Appeals (OHA), 1000 Independence Avenue SW, 
Washington, DC 20585.

NOTIFICATION PROCEDURES:
    In accordance with the DOE regulation implementing the Privacy Act, 
10 CFR part 1008, a request by an individual to determine if a system 
of records contains information about themselves should be directed to 
the U.S. Department of Energy, Headquarters, Privacy Act Officer. The 
request should include the requester's complete name and the time 
period for which records are sought.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This notice proposes to establish DOE-47 Reasonable Accommodation 
Requests Records as a new system of records. There has been no previous 
publication in the Federal Register pertaining to this system of 
records.

Signing Authority

    This document of the Department of Energy was signed on September 
20, 2024, by Ann Dunkin, Senior Agency Official for Privacy, pursuant 
to delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with

[[Page 78858]]

requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on September 23, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-22084 Filed 9-25-24; 8:45 am]
BILLING CODE 6450-01-P