Notice2021-24892
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2021
Effective
December 16, 2021
Issuing agencies
Housing and Urban Development Department
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Housing and Urban Development (HUD), Office of the Chief Human Capital Officer (OCHCO) is issuing a public notice of its intent to establish a Privacy Act system of records titled "HR Case Management Solution," HUD/OCHCO 01. The purpose of this system of records is to allow HUD to collect and maintain records on individuals requesting or receiving reasonable accommodations and religious/medical exception requests.
Full Text
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<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
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[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63413-63416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24892]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7046-N-07]
Privacy Act of 1974; System of Records
AGENCY: Office of Chief Human Capital Officer, HUD.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Housing and Urban Development (HUD),
Office of the Chief Human Capital Officer (OCHCO) is issuing a public
notice of its intent to establish a Privacy Act system of records
titled ``HR Case Management Solution,'' HUD/OCHCO 01.
The purpose of this system of records is to allow HUD to collect
and maintain records on individuals requesting or receiving reasonable
accommodations and religious/medical exception requests.
DATES: This notice shall be applicable immediately, which will become
effective December 16, 2021.
Comments will be accepted on or before December 16, 2021. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments, identified by docket number HUD-
2021-Docket Number not yet identified.
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#354242421b45475c4354564c755d40511b525a43"><span class="__cf_email__" data-cfemail="225555550c52504b5443415b624a57460c454d54">[email protected]</span></a>.
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer; The Executive Secretariat; 451 Seventh Street SW, Room 10139,
Washington, DC 20410-0001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://
[[Page 63414]]
www.regulations.gov. including any personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ladonne White, Departmental Privacy
Officer, 451 Seventh Street SW, Room 10139, Washington, DC 20410-0001,
telephone number 202-402-3559 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the Department of Housing and Urban Development (HUD) proposes to
establish a new system of records titled, ``HR Case Management
Solution.'' This system of records covers HUD's collection and
maintenance of records on applicants for employment, employees, and
other individuals who participate in HUD programs or activities who
request or receive reasonable accommodations or other appropriate
modifications from HUD for medical and religious reasons.
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 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.
The Office of the Chief Human Capital Officer (OCHCO), processes
requests for reasonable accommodations from employees and applicants
for employment, respectively, who require an accommodation due to a
medical or religious reason; OCHCO 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 HUD, the decision regarding whether to grant or deny a
request, and the details and conditions of the reasonable accommodation
and exception requests are all included in this system of records.
SYSTEM NAME AND NUMBER:
Human Resource (HR) Case Management Solution, HUD/OCHCO-01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
United States Department of Housing and Urban Development
Headquarters location, 451 7th Street SW, Washington, DC 20410-0001.
SYSTEM MANAGER(S):
Director, Human Capital Information System Division (HCISD), Office
of the Chief Human Capital Officer (OCHCO), 451 Seventh Street SW,
Washington, DC 20410-0001.
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 Orders
13164 and 14043, and 29 CFR 1605 and 1614.
PURPOSES OF THE SYSTEM:
The purpose of this system is to allow HUD to collect and maintain
records on individuals (including employees and applicants for
employment) requesting or receiving reasonable accommodations and
religious and medical exception requests. Another purpose of this
system is to monitor, process, track and report the processing of
reasonable accommodation and exception requests while ensuring
compliance with applicable laws and regulations, including
confidentiality requirements protecting information individuals submit
in support of accommodation requests and exception.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current, former HUD employees and applicants for employment who
request or receive reasonable accommodations or exceptions.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, home address, email address(es), home telephone number(s),
work telephone number(s), work address, protected health information,
religion, vehicle license plate, legal documents and records,
evidentiary records, requesters, attorneys or representatives' names,
fax number, office information, employment status, history or
information, employee identification number, education records, case
identifier and HUD ID, medical/religious exception requests, records,
forms, documentation, reasonable accommodations applications,
supporting documentation, and related data fields.
RECORD SOURCE CATEGORIES:
Information is obtained from the individuals or the representatives
who request and/or receive a reasonable accommodation or medical and
religious exceptions from HUD, 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 HUD personnel who
participate in the receipt, evaluation, review, decision and
implementation of reasonable accommodation and exception requests, such
as hiring officials, human resource officials, supervisors and
managers, reasonable accommodation officials, attorneys, and deciding
officials.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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 HUD as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To a congressional office from the record of an individual, in
response to an inquiry from the congressional office made at the
request of that individual.
B. To contractors, grantees, experts, consultants, Federal
agencies, and non-Federal entities, including, but not limited to,
State and local governments and other research institutions or their
parties, and entities and their agents with whom HUD has a contract,
service agreement, grant, or cooperative agreement, when necessary to
accomplish an agency function, related to a system of records, for the
purposes of statistical analysis and research in support of program
operations, management, performance monitoring, evaluation, risk
management, and policy development, or to otherwise support the
Department's mission.
C. To contractors, grantees, experts, consultants and their agents,
or others performing or working under a contract, service, grant, or
cooperative agreement with HUD or under contract to another agency when
necessary to accomplish an agency function related to a system of
records. Disclosure requirements are limited to only those data
elements considered relevant to accomplishing an agency function.
Individuals provided information under these routine use
[[Page 63415]]
conditions are subject to Privacy Act requirements and disclosure
limitations imposed on the Department.
D. To appropriate agencies, entities, and persons when: (1) HUD
suspects or has confirmed that there has been a breach of the system of
records; (2) HUD has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, HUD, 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 HUD's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
E. To another Federal agency or Federal entity, when HUD determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to 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.
F. To appropriate Federal, State, local, tribal, or governmental
agencies or multilateral governmental organizations responsible for
investigating or prosecuting the violations of, or for enforcing or
implementing, a statute, rule, regulation, order, or license, where HUD
determines that the information would assist in the enforcement of
civil or criminal laws and when such records, either alone or in
conjunction with other information, indicate a violation or potential
violation of law.
G. To a court, magistrate, administrative tribunal, or arbitrator
while presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, mediation, or
settlement negotiations; or in connection with criminal law
proceedings; or in response to a subpoena or to a prosecution request
when such records to be released are specifically approved by a court
provided order. Disclosures made pursuant to this routine use are
limited to when HUD determines that use of such records is relevant and
necessary to the litigation, provided, however, that in each case, HUD
determines that the disclosure of the records is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.
H. To the Department of Justice when (a) the agency, or any
component thereof; or (b) any employee of the agency in his or her
official capacity; or (c) any employee of the agency in his or her
individual capacity where the Department of Justice has agreed to
represent the employee; or (d) the United States, where the agency
determines that litigation is likely to affect the agency 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 is
deemed by the agency to be relevant and necessary to the litigation,
provided, however, that in each case, the agency determines that
disclosure of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.''
I. To officials of labor organizations recognized under the Civil
Service Reform Act when relevant and necessary to their duties of
exclusive representation concerning personnel policies, practices, and
matters affecting work conditions.
K. To the Office of Personnel Management (OPM), the Merit Systems
Protection Board (and its office of the Special Counsel), the Federal
Labor Relations Authority (and its General Counsel), or the Equal
Employment Opportunity Commission when requested in performance of
their authorized duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic Records are maintained and stored in a secured network
environment. Paper copies records are stored and locked in cabinets.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Paper and electronic records are retrieved by the name, case
number, HUD Identification number associated with the individual.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Destroy 3 years after employee separation from the agency or all
appeals are concluded whichever is later, but longer retention is
authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic Records are maintained and stored in an electronic
encryption database system. These records can only be access based off
the user's rights and privileges to the system. A multifactor
identification method is required which consists of the several layers
of security to access the records, such as a valid common access card,
access to HUD's network, a valid User ID and password, and a
Personalized Identification Number (PIN).
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information on themselves should address written inquiries to
the Department of Housing and Urban Development, Office of the Chief
Human Capital Officer (OCHCO), 451 7th Street SW, Washington, DC 20410-
0001. For verification purposes, individuals should provide full name,
current address, and telephone number. In addition, the requester must
provide either a notarized statement or an unsworn declaration made in
accordance with 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(Date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(Date). (Signature).''
CONTESTING RECORD PROCEDURES:
The HUD rule for accessing, contesting, and appealing agency
determinations by the individual concerned are published in 24 CFR part
16.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Department of Housing and Urban Development, Office of the Chief
Human Capital Officer (OCHCO), 451 7th Street SW, Washington, DC 20410-
0001. For verification purposes, individuals should provide full name,
office or organization where currently assigned, if applicable, and
current address and telephone number. In addition, the requester must
provide either a notarized statement or an unsworn declaration made in
accordance with 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(Date). (Signature).''
[[Page 63416]]
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(Date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
N/A.
Ladonne L. White,
Departmental Privacy Officer.
[FR Doc. 2021-24892 Filed 11-15-21; 8:45 am]
BILLING CODE 4210-67-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.