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Notice2021-24868

Privacy Act of 1974; System of Records

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Published

November 18, 2021

Effective

December 20, 2021

Issuing agencies

Corporation for National and Community Service

Abstract

In accordance with the Privacy Act of 1974, as amended, the Corporation for National and Community Service (CNCS, operating as AmeriCorps) is issuing a public notice of its intent to create the AmeriCorps Privacy Act system of records "Personal Health and Religious Information." This system of records maintains personal health and religious information collected in response to (1) medical- based and religious-based reasonable accommodation requests; (2) public health emergency or similar health and safety incidents, such as a pandemic, epidemic, or man-made emergency; and/or (3) any other lawful collection of health-related information that is necessary to ensure a safe and healthy environment for individuals who are occupying AmeriCorps facilities, attending AmeriCorps-sponsored events, participating in AmeriCorps programs, or otherwise engaged in official business on behalf of the agency. The system of records will assist the agency in the collection, storing, dissemination, and disposal of personal health and religious information collected and maintained by the agency.

Full Text

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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64458-64462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24868]

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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

Privacy Act of 1974; System of Records

AGENCY: Corporation for National and Community Service.

ACTION: Notice of a new system of records (SORN).

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Corporation for National and Community Service (CNCS, operating as
AmeriCorps) is issuing a public notice of its intent to create the
AmeriCorps Privacy Act system of records ``Personal Health and
Religious Information.'' This system of records maintains personal
health and religious information collected in response to (1) medical-
based and religious-based reasonable accommodation requests; (2) public
health emergency or similar health and safety incidents, such as a
pandemic, epidemic, or man-made emergency; and/or (3) any other lawful
collection of health-related information that is necessary to ensure a
safe and healthy environment for individuals who are occupying
AmeriCorps facilities, attending AmeriCorps-sponsored events,
participating in AmeriCorps programs, or otherwise engaged in official
business on behalf of the agency. The system of records will assist the
agency in the collection, storing, dissemination, and disposal of
personal health and religious information collected and maintained by
the agency.

DATES: This new system will be effective upon publication. New or
modified routine uses will be effective December 20, 2021. Submit
comments on or before December 20, 2021.

ADDRESSES: Commenters are strongly encouraged to submit public comments
electronically. AmeriCorps expects to have limited personnel available
to process public comments that are submitted on paper through mail.
Until further notice, any comments submitted on paper will be
considered only to the extent practicable. All submissions must include
the agency's name (AmeriCorps) and reference this notice. You may
submit comments, identified by system name and number via any of the
following methods:
1. Electronically through <a href="http://regulations.gov">regulations.gov</a>. Once you access
<a href="http://regulations.gov">regulations.gov</a>, locate the web page for this System of Records Notice
(SORN) by searching for CNCS-10-CEO-PHRI-Personal Health and Religious
Information. If you upload any files, please make sure they include
your first name, last name, and the name of the proposed SORN.
2. By email at <a href="/cdn-cgi/l/email-protection#fb8b89928d9a9882bb989588d59c948d">[email&#160;protected]</a>.
3. By mail: AmeriCorps, Attn: Chief Privacy Officer, OIT, 250 E
Street SW, Washington, DC 20525.
4. By hand delivery or courier to AmeriCorps at the address for
mail between 9:00 a.m. and 4:00 p.m. Eastern Standard Time, Monday
through Friday, except for Federal holidays.
Please note that all submissions received may be posted without
change to the agency's website and to <a href="http://regulations.gov">regulations.gov</a>, including any
personal information.

FOR FURTHER INFORMATION CONTACT: Ayanna McKinnon, Office of General
Counsel, 202-914-8966, <a href="/cdn-cgi/l/email-protection#bddcd0ded6d4d3d3d2d3fdded3ce93dad2cb">[email&#160;protected]</a> or Bilal Razzaq, Chief Privacy
Officer and Chief Information Security Officer, 202-948-9711,
<a href="/cdn-cgi/l/email-protection#5a38283b20203b2b1a393429743d352c">[email&#160;protected]</a>. If you have general questions about the system of
record, you may email them to <a href="/cdn-cgi/l/email-protection#0f7f7d66796e6c764f6c617c21686079">[email&#160;protected]</a> or mail them to the
address in the ADDRESSES section above. Please include the system of
record's name and number.

SUPPLEMENTARY INFORMATION: Additional information about AmeriCorps is
available at <a href="https://americorps.gov/">https://americorps.gov/</a>.

I. Background

AmeriCorps will maintain the ``Personal Health and Religious
Information'' system of records. AmeriCorps is committed to providing
all employees (including political appointees, career employees,
detailees, and interns), applicants and candidates for employment,
contractors, national service members, volunteers, applicants and
candidates for AmeriCorps national service programs, and occupants of,
and visitors to, its facilities, with a safe and healthy environment.
To ensure and maintain the safety of all parties during standard
operations and public health

[[Page 64459]]

emergencies or similar health and safety incidents, such as a pandemic,
epidemic, or man-made emergency, AmeriCorps may develop and institute
additional safety measures that require the collection of personal
health or religious information, as applicable.
AmeriCorps is committed to providing medical-based reasonable
accommodation to qualified AmeriCorps employees and applicants for
employment, pursuant to section 501 of the Rehabilitation Act of 1973,
as amended, unless doing so would cause undue hardship. AmeriCorps is
also committed to complying with Executive 14043, Requiring Coronavirus
Disease 2019 Vaccination, which requires Federal agencies to collect
employee health information related to the Coronavirus 2019 (hereafter
``COVID-19). AmeriCorps may develop and institute additional measures
that require the collection of personal health information.
Additionally, AmeriCorps is committed to ensuring grantee and
sponsor compliance in providing reasonable accommodation to qualified
AmeriCorps national service applicants, candidates, members and
volunteers, unless doing so would cause undue hardship, pursuant to
section 504 of the Rehabilitation Act of 1973, as amended, and section
175 of the National and Community Service Act of 1990, as amended, and
section 417 of the Domestic Volunteer Service Act of 1973, as amended.
Moreover, pursuant to Title VII of the Civil Rights Act of 1964, as
amended, AmeriCorps is committed to providing reasonable accommodation
to AmeriCorps employees (including political appointees, career
employees, detailees, interns, and applicants and candidates for
employment) based on religion or religious belief, unless doing so
would cause undue hardship. Also, AmeriCorps is committed to ensuring
grantee and sponsor compliance in providing religious-based reasonable
accommodation to AmeriCorps national service applicants, candidates,
members and volunteers, unless doing so would cause undue hardship,
pursuant to section 175 of the National and Community Service Act of
1990, as amended, and section 417 of the Domestic Volunteer Service Act
of 1973, as amended.
AmeriCorps may collect medical-based and religious-based reasonable
accommodation requests for AmeriCorps employees (including political
appointees, career employees, detailees, and interns), applicants and
candidates for employment, contractors, national service members and
volunteers, and applicants and candidates for AmeriCorps national
service programs.
In addition, in response to public health emergencies, including a
pandemic or epidemic, AmeriCorps may collect health related information
(including but not limited to vaccination status and proof of
vaccination status) for AmeriCorps employees (including political
appointees, career employees, detailees, and interns), applicants and
candidates for employment, contractors, national service members,
volunteers, applicants and candidates for AmeriCorps national service
programs, and visitors to AmeriCorps facilities, as necessary to ensure
a safe and healthy work environment.
Information will be collected, maintained, and disclosed in
accordance with applicable law, regulations, and statutes, including,
but not limited to, the Rehabilitation Act, the Genetic Information
Nondiscrimination Act, the Executive Order 14043, and regulations and
guidance published by the U.S. Occupational Safety and Health
Administration, the U.S. Equal Employment Opportunity Commission, and
the U.S. Centers for Disease Control and Prevention, the Office of
Management and Budget, Safer Federal Workforce Taskforce, or other
relevant entities. This newly established system will be included in
the AmeriCorps inventory of record systems.
A report of this system of records has been sent to Congress and
the Office of Management and Budget.

II. Privacy Act

The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing how Federal
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to records about individuals that are
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. The Privacy Act defines an individual as a United
States citizen or lawful permanent resident. Individuals may request
access to their own records that are maintained in a system of records
in the possession or under the control of AmeriCorps by complying with
Privacy Act regulations at 43 CFR part 2, subpart K, and following the
procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains, and the routine uses of
each system. The ``Personal Health and Religious Information'' system
of records notice is published in its entirety below. In accordance
with 5 U.S.C. 552a(r), AmeriCorps has provided a report of this system
of records to the Office of Management and Budget and to Congress.

III. Public Participation

You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.

SYSTEM NAME AND NUMBER:
CNCS-10-CEO-PHRI, Personal Health and Religious Information (PHRI).

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
CEO Immediate Office, Corporation for National and Community
Service, 250 E Street SW, Suite 300, Washington, DC 20525.

SYSTEM MANAGER(S):
CEO Immediate Office, Corporation for National and Community
Service, 250 E Street SW, Suite 300, Washington, DC 20525.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority to collect this information derives from Title VII of
the Civil Rights Act of 1964, as amended, sections 501 and 504 of the
Rehabilitation Act of 1973, as amended, section 175 of the National and
Community Service Act of 1990, as amended, and section 417 of the
Domestic Volunteer Service Act of 1973, as amended. The substantive
standards of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.) apply to the Federal Government through the
Rehabilitation Act. (29 U.S.C. 791 et seq.). Additional authority is
derived from 5 U.S.C. chapters 11 and 79, and in discharging the
functions directed under Executive Order 14043, Requiring Coronavirus
Disease 2019 Vaccination for Federal Employees

[[Page 64460]]

(Sept. 9, 2021), Executive Order 14042, Ensuring Adequate COVID Safety
Protocols for Federal Contractors (Sept. 2, 2021), Executive Order
13163, Increasing Opportunity for Individuals With Disabilities To Be
Employed in the Federal Government (Jul. 26, 2000), and Executive Order
13164, Requiring Federal Agencies to Establish Procedures to Facilitate
the Provision of Reasonable Accommodation (Jul. 26, 2000).

PURPOSE(S) OF THE SYSTEM:
AmeriCorps' Equal Employment Opportunity Program (EEOP) proposes to
collect this information to maintain personal health and religious
information collected in response to (1) medical-based and religious-
based reasonable accommodation requests; (2) public health emergency or
similar health and safety incidents, such as a pandemic, epidemic, or
man-made emergency; and/or (3) any other lawful collection of health-
related information that is necessary to ensure a safe and healthy
environment for individuals who are occupying AmeriCorps facilities,
attending AmeriCorps-sponsored events, participating in AmeriCorps
programs, or otherwise engaged in official business on behalf of the
agency. The system will assist the agency in the collection, storing,
dissemination, and disposal of personal health and religious
information collected and maintained by the agency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include all AmeriCorps employees
(including political appointees, career employees, detailees, and
interns), applicants and candidates for employment, contractors,
national service members, volunteers, applicants and candidates for
AmeriCorps national service programs, and visitors to AmeriCorps
facilities. This includes authorized individuals or representatives who
file a request for a reasonable accommodation on behalf of any of the
above-referenced parties.

CATEGORIES OF RECORDS IN THE SYSTEM:
The personal health and religious information records system may
contain some or all of the following information: General personal
information including, but not limited to, the name, address, social
security number, maiden name, place of birth, financial information,
alias, gender, telephone number, military service, age, email address,
physical characteristics, race/ethnicity, education, other contact
information, and medical information including vaccination status;
reasonable accommodation requests, including requestor's name and
contact information (if different than the employee/service member who
needs an accommodation); date request was initiated; information
concerning the nature of the disability and the need for accommodation,
including appropriate medical documentation and other supporting
documents; information concerning religious affiliation, the nature of
the sincerely held religious belief, practice, or observance, and the
need for accommodation, including any appropriate documentation;
details of the accommodation requests, such as: Type of accommodation
requested, how the requested accommodation would assist the individual
in the performance of their job, essential duties of the position,
information relating to an individual's capability to satisfactorily
perform the duties of the position currently held, estimated cost of
accommodation, action by deciding official, and other supporting
documents relating to reasonable accommodation, the sources of
technical assistance consulted in trying to identify alternative
reasonable accommodation, any additional information provided by the
requestor related to the processing of the request, and whether the
request was approved or denied, and whether the accommodation was
approved for a trial period; and notification(s) to the employee/
service member and his/her supervisor(s) regarding the accommodation.
These records may also contain work-related data, including but not
limited to service information, occupation, telephone number, salary,
job title, email address, work history, work address, business
associates, and/or program office to which the employee is assigned.

RECORD SOURCE CATEGORIES:
Records in this system are obtained directly from employees
(including political appointees, career employees, detailees, and
interns), applicants and candidates for employment, contractors,
national service members, volunteers, applicants and candidates for
AmeriCorps national service programs, or any family member, health
professional, or other person responding to an information request as a
representative of any of the above-referenced parties, or visitors when
obtaining necessary health information; therefore, the accuracy is
ensured by collecting the information from the source who may be
required to certify under penalty of perjury that the information is
true and accurate to the best of their knowledge.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside
AmeriCorps as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. A record from this system of records may be disclosed as a
routine use to a prospective employer of a Government employee. Upon
transfer of the employee to another Federal agency, the information is
transferred to such agency.
B. A record from this system of records may be disclosed as a
routine use to provide information to the OPM and/or MSPB for review,
audit, or reporting purposes.
C. 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 a civil or criminal law or regulation.
D. To other federal agencies if required to operate a jointly
managed national service program and manage those members.
E. To the Office of the President, a Member of Congress, or their
personnel in response to a request made on behalf of, and at the
request of, the individual who is the subject of the record. These
advocates will receive the same records that individuals would have
received if they filed their own request.
F. To another Federal agency or a party in litigation before a
court or in an administrative proceeding being conducted by a Federal
agency, when the Government is a party to the judicial or
administrative proceeding, and such information is the subject of a
court order directing disclosure or deemed by AmeriCorps to be relevant
and necessary to the litigation.
G. To NARA's Office of Government Information Services so that it
may review agency compliance with the Freedom of Information Act of
1967, as amended, (FOIA) provide mediation services to resolve FOIA
disputes, and identify policies and procedures for improving FOIA
compliance, and to the extent necessary to fulfill its responsibilities
as required by 5 U.S.C. 552(h)(2)(A-B) and (3).
H. By AmeriCorps, in the production of summary descriptive
statistics and

[[Page 64461]]

analytical studies in support of the function for which the records are
collected and maintained, or for related workforce studies. While
published statistics and studies do not contain individual identifiers,
in some instances, the selection of elements of data included in the
study may be structured in such a way as to make the data individually
identifiable by inference.
I. A record from this system of records may be disclosed as a
routine use to provide information to the OPM and/or MSPB for review,
audit, or reporting purposes.
J. A record from this system of records may be disclosed as a
routine use to AmeriCorps-paid experts or consultants, and those under
contract with the AmeriCorps on a ``need-to-know'' basis for a purpose
within the scope of the pertinent AmeriCorps task. This access will be
granted to an AmeriCorps contractor or employee of such contractor by a
system manager only after satisfactory justification has been provided
to the system manager.
K. The United States, when AmeriCorps determines that litigation is
likely to affect AmeriCorps or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or AmeriCorps is deemed by
AmeriCorps to be relevant and necessary to the litigation.
L. To disclose information to officials of the Merit Systems
Protection Board or the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and
other merit systems, review of OPM rules and regulations,
investigations of alleged or possible prohibited personnel practices,
and such other functions as promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
M. To disclose information to the U.S. Equal Employment Opportunity
Commission when requested in connection with investigations into
alleged or possible discrimination practices in the Federal sector,
examination of Federal affirmative employment programs, compliance by
Federal agencies with the Uniform Guidelines of Employee Selection
Procedures, or other functions vested in the Commission.
N. To disclose information to the Federal Labor Relations Authority
or its General Counsel when requested in connection with investigations
of allegations of unfair labor practices of matters before the Federal
Service Impasses Panel.
O. To disclose information to the Office of Management and Budget
at any stage of the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB circular
No. A-19.
P. To provide authorized AmeriCorps officials, vendors or staff
members information needed in the performance of official duties
related to succession planning, workforce analysis, skills gap closure,
training and development, or recruitment and retention.
Q. To authorized contractors, vendors, grantees, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or job for AmeriCorps or the Federal government that is in
the performance of a Federal duty to which the information is deemed
relevant.
R. To disclose to a requesting Federal agency, information in
connection with the hiring, retention, separation, or retirement of an
employee; the issuance of a security clearance; the reporting of an
investigation of an employee; the letting of a contract; the
classification of a job; or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that AmeriCorps
determines that the information is relevant and necessary to the
requesting party's decision on the matter.
S. To an appeal, grievance, hearing, or complaints examiner; an
equal opportunity investigator, arbitrator, or mediator; and an
exclusive representative or other person authorized to investigate or
settle a grievance, complaint, or appeal filed by an individual who is
the subject of the record.
T. For Data Breach and Mitigation Response to provide information
to appropriate agencies, entities, and persons when:
a. AmeriCorps suspects or has confirmed that there has been a
breach of the system of records.
b. AmeriCorps has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, AmeriCorps
(including its information systems, programs, and operations), the
Federal Government, or national security, and
c. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with AmeriCorps' efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
U. To provide information to another Federal agency or Federal
entity, when AmeriCorps 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are stored in locked rooms, file cabinets, and desks.
Electronic records and backups are stored on secure servers and
encrypted media to include computers and network drives.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information covered by this system of records notice may be
retrieved by the name of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records in the system will be retained until their retention
and disposal schedule is approved by NARA, then retained and disposed
according to the applicable schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
AmeriCorps has established security and privacy protocols that meet
the required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. AmeriCorps has adopted
appropriate administrative, technical, and physical controls in
accordance with its security program to protect the confidentiality,
integrity, and availability of the information, and to ensure that
records are not disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may include
cloud-based systems, and protected by controlled access with either
Personal Identity Verification (PIV) cards or by assigning user
accounts to individuals needing access to the records passwords set by
authorized users that must be changed periodically. Paper records are
maintained in locked rooms, file cabinets, and desks when not in use.

RECORD ACCESS PROCEDURES:
Individuals requesting access to their individual records should
follow the Notification Procedure below.

[[Page 64462]]

CONTESTING RECORD PROCEDURES:
Individuals contesting the content of records about themselves
contained in this system of records should follow the Notification
Procedure below.

NOTIFICATION PROCEDURES:
Individuals requesting notification of the existence of records on
themselves or requesting access to their individual records must send a
signed, written inquiry that includes their name, address, date of
birth, and verification of identity to Gina Cross, Senior Agency
Official for Privacy, Corporation for National and Community Service,
250 E Street SW, Suite 300, Washington, DC 20525, or email
<a href="/cdn-cgi/l/email-protection#244347564b575764474a570a434b52">[email&#160;protected]</a>. The request envelope (or subject line) and letter
should both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for
notification must meet the requirements of 43 CFR 2.235.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.

Dated: November 8, 2021.
Ndiogou Cisse,
Chief Information Officer.
[FR Doc. 2021-24868 Filed 11-17-21; 8:45 am]
BILLING CODE 6050-28-P

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