Notice2021-27726
Privacy Act; System of Records
Primary source
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Published
December 22, 2021
Issuing agencies
Special Counsel Office
Abstract
The U.S. Office of Special Counsel (OSC) seeks, in accordance with the Privacy Act of 1974, to establish a new system of records titled, "Office of Special Counsel, OSC-4, Reasonable Accommodation Records." This system of records allows OSC to collect and maintain information from employees who request accommodations from OSC for medical or religious reasons.
Full Text
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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72643-72646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27726]
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OFFICE OF SPECIAL COUNSEL
Privacy Act; System of Records
AGENCY: U.S. Office of Special Counsel.
ACTION: Notice of a new system of records.
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SUMMARY: The U.S. Office of Special Counsel (OSC) seeks, in accordance
with the Privacy Act of 1974, to establish a new system of records
titled, ``Office of Special Counsel, OSC-4, Reasonable Accommodation
Records.'' This system of records allows OSC to collect and maintain
information from employees who request accommodations from OSC for
medical or religious reasons.
DATES: Written comments should be received on or before January 21,
2022.
ADDRESSES: You may submit written comments by mail to the: U.S. Office
of Special Counsel, Office of the Clerk, 1730 M St. NW, Washington, DC
20036; or by email via: <a href="/cdn-cgi/l/email-protection#cfa9bda3a6aea6bca0a18fa0bcace1a8a0b9"><span class="__cf_email__" data-cfemail="a5c3d7c9ccc4ccd6cacbe5cad6c68bc2cad3">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Amy Beckett, Senior Litigation
Counsel, by telephone at (202) 804-7000, or by email at
<a href="/cdn-cgi/l/email-protection#f690849a9f979f859998b6998595d8919980"><span class="__cf_email__" data-cfemail="c2a4b0aeaba3abb1adac82adb1a1eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: OSC is a permanent independent federal
investigative and prosecutorial agency. OSC's basic authorities come
from four federal statutes: The Civil Service Reform Act, the
Whistleblower Protection Act, the Hatch Act, and the Uniformed Services
Employment & Reemployment Rights Act (USERRA). OSC's primary mission is
to safeguard the merit system by protecting federal employees and
applicants from prohibited personnel practices, especially reprisal for
whistleblowing, and to serve as a safe channel for allegations of
wrongdoing.
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 based on 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 addition,
some individuals may request modifications to their workspace,
schedule, duties, or other requirements for reasons that may not
qualify as a disability but may lead to an appropriate modification to
workplace policies and practices.
In accordance with the Privacy Act of 1974, OSC proposes to
establish a new system of records that allows OSC to collect and
maintain information from employees who request reasonable
accommodations from OSC for medical or religious reasons. Employees
include applicants for employment and other individuals who participate
in OSC programs and activities and who request reasonable
accommodations and/or other appropriate modifications from OSC for
medical or religious reasons.
SYSTEM NAME AND NUMBER:
Office of Special Counsel, OSC-4, Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
OSC's work related to this system of records would not ordinarily
involve records that contain classified information. In the event there
is classified information, OSC would maintain such records using
methods approved for handling classified material.
[[Page 72644]]
SYSTEM LOCATION:
Records are primarily maintained electronically by the Chief Human
Capital Officer on OSC's Microsoft Enterprise System and/or in
designated FedRAMP-authorized cloud service providers.
SYSTEM MANAGER(S):
Chief Information Officer and Chief Human Capital Officer, U.S.
Office of Special Counsel, 1730 M St. NW, Suite 218, Washington, DC
20006, <a href="/cdn-cgi/l/email-protection#610815121411110e1315210e12024f060e17"><span class="__cf_email__" data-cfemail="28415c5b5d5858475a5c68475b4b064f475e">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#8ee6ede1cee1fdeda0e9e1f8"><span class="__cf_email__" data-cfemail="563e35391639253578313920">[email protected]</span></a>.
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 OSC to collect
and maintain records on employees, applicants for employment, and other
individuals who participate in OSC programs or activities, who request
from OSC an accommodation or other modification for medical or
religious reasons; to process, evaluate, and make decisions on
individual requests; and to track and report the processing of such
requests OSC-wide to comply with applicable requirements in law and
policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for Federal employment, Federal employees, and visitors
to Federal buildings who request a reasonable accommodation or other
appropriate modifications from OSC for medical or religious reasons.
CATEGORIES OF RECORDS IN THE SYSTEM:
The principal types of records in the system are requests for
reasonable accommodations that include the following:
[ssquf] Requester's name;
[ssquf] Requester's status (applicant or current employee);
[ssquf] Date of request;
[ssquf] Employee's position title, grade, series, step;
[ssquf] Position title, grade, series, step of the position the
requester is applying for;
[ssquf] Requester's contact information (addresses, phone numbers,
and email addresses);
[ssquf] Description of the requester's medical condition or
disability and any medical documentation provided in support of the
request;
[ssquf] 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;
[ssquf] Description of the accommodation being requested;
[ssquf] Description of previous requests for accommodation;
[ssquf] Whether the request was made orally or in writing;
[ssquf] Documentation by an OSC 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 necessary regarding possible
accommodations, and any extenuating circumstances that prevent the OSC
official from meeting the relevant timeframe;
[ssquf] Whether the request for reasonable accommodation was
granted or denied, and if denied the reason for the denial;
[ssquf] The amount of time taken to process the request;
[ssquf] The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation;
[ssquf] Any reports or evaluations prepared in determining whether
to grant or deny the request; and
[ssquf] 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 a
reasonable accommodation or other appropriate modification from OSC;
directly or indirectly from appropriate medical professionals; 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:
The following routine uses permit OSC to:
a. Disclose information to appropriate federal entities with
subject matter expertise to the extent necessary to obtain advice on
any authorities, programs, or functions associated with records in this
system;
b. Disclose information to the Office of Personnel Management (OPM)
pursuant to Civil Service Rule 5.4 (5 CFR 5.4), or obtain an advisory
opinion concerning the application or effect of civil service laws,
rules, regulations, or OPM guidelines in particular situations;
c. Disclose to the Equal Employment Opportunity Commission or any
other agency or office concerned with the enforcement of the anti-
discrimination laws, information concerning the reasonable
accommodation;
d. Disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose(s) of the request, and to
identify the type of information requested), where necessary to obtain
information relevant to an agency decision concerning: The grant or
denial of a medical or religious accommodation or modification;
e. Provide information to a congressional office from the record of
an individual in response to an inquiry from that congressional office
(made at the written request of that individual);
f. Furnish information to the National Archives and Records
Administration (NARA) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906, or other functions authorized by
laws, regulations, and policies governing NARA operations and OSC
records management responsibilities;
g. Disclose information when consulting with, or referring a record
to, another Federal entity for the purpose of making a decision on a
request for information under the FOIA or the Privacy Act; or to the
Office of Government Information Services established at NARA by the
Open Government Act of 2007, which amended the FOIA, for the purpose of
conducting mediation and otherwise resolving disputes under FOIA;
h. Disclose records to the Department of Justice (DOJ) when: 1. Any
of the following entities or individuals is a party to litigation or
has an interest in litigation: A. The OSC; B. Any employee of OSC in
their official capacity; C. Any employee of OSC in their individual
capacity whom DOJ has been asked or agreed to represent; or D. The
United States, where OSC determines that OSC will be affected by the
litigation; and 2. OSC determines that use of the records by DOJ is
relevant and necessary to the litigation;
i. Disclose records in a proceeding before a court or adjudicative
body, before which OSC is authorized to appear, when: 1. Any of the
following entities or individuals is a party to, or
[[Page 72645]]
has an interest in the proceedings: A. OSC; B. Any employee of OSC in
their official capacity; C. Any employee of OSC in their individual
capacity whom OSC has agreed to represent; or D. The United States,
where OSC determines that OSC will be affected by the proceedings; and
2. OSC determines that use of the records is relevant and necessary to
the proceedings;
j. Disclose information to first aid and safety personnel if the
individual requires emergency treatment;
k. Disclose information to an Office of Inspector General (OIG) or
comparable internal inspection, audit, or oversight office of an agency
for the purpose of facilitating the coordination and conduct of
investigations and review of allegations within the purview of both OSC
and the agency OIG or comparable office; or in notifying an OIG (or
comparable office) of the disposition of matters referred by the OIG
(or comparable office) to OSC;
l. Disclose information to the news media and the public when (1)
the matter under investigation has become public knowledge, (2) the
Special Counsel determines that disclosure is necessary to preserve
confidence in the integrity of the OSC investigative process or is
necessary to demonstrate the accountability of OSC officers, employees,
or individuals covered by this system, or (3) the Special Counsel
determines that there exists a legitimate public interest (e.g., to
demonstrate that the law is being enforced, or to deter the commission
of prohibited personnel practices, prohibited political activity, and
other prohibited activity within OSC's jurisdiction), except to the
extent that the Special Counsel determines in any of these situations
that disclosure of specific information in the context of a particular
case would constitute an unwarranted invasion of personal privacy;
m. Disclose information to another Federal agency or oversight body
charged with evaluating OSC's compliance with the laws, regulations,
and policies governing reasonable accommodation requests;
n. Disclose information to another Federal agency pursuant to a
written agreement with OSC to provide services (such as medical
evaluations), when necessary, in support of reasonable accommodation
decisions;
o. Disclose information to agency contractors, experts,
consultants, detailees, or non-OSC employees performing or working on a
contract, service, or other activity related to the system of records,
when necessary to accomplish an agency function related to the system;
p. Make lists and reports available to the public pursuant to 5
U.S.C. 1219;
q. Disclose information: 1. To appropriate agencies, entities, and
persons when: (1) OSC suspects or has confirmed that there has been a
breach of the system of records; (2) OSC has determined that as a
result of the suspected or confirmed compromise there is a risk of harm
to individuals, OSC (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 OSC's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm; 2. To another Federal agency, or Federal entity when OSC
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;
r. Disclose pertinent information 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 civil or criminal law
or regulation; and
s. Disclose information to the Integrity Committee established
under section 11(d) of the Inspector General Act of 1978, when needed
because of receipt, review or referral to the Integrity Committee under
section 7(b) of Public Law 110-409; or as needed for a matter referred
to OSC by the Integrity Committee.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
OSC's Microsoft Enterprise System and/or in designated FedRAMP-
authorized cloud service providers segregated from non-government
traffic and data. Access is limited to those agency personnel who have
an official need for access to perform their duties and who have
appropriate clearances or permissions. OSC requires new employees to
read and acknowledge agency directives, including information
technology user roles and responsibilities, records management, and
privacy protection. OSC requires all employees to complete annual
cybersecurity awareness training.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or other unique personal
identifiers.
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 (3) years after separation from the
agency or all appeals are concluded, whichever is 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 electronic
security measures. OSC's security measures are in compliance with the
Federal Information Security Modernization Act (Pub. L. 113-283),
associated OSC's policies, and applicable standards and guidance from
the National Institute of Standards and Technology. Controls are in
place to minimize the risk of compromising the information that is
electronically 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.
RECORDS ACCESS PROCEDURES:
Individuals who wish to seek notification of and/or access to their
records in the system of records should contact OSC's FOIA/Privacy Act
Officer, U.S. Office of Special Counsel by mail at 1730 M Street NW,
Suite 218, Washington, DC 20036; or by email at <a href="/cdn-cgi/l/email-protection#d4b2bbbdb5a6b1a5a1b1a7a094bba7b7fab3bba2"><span class="__cf_email__" data-cfemail="5e3831373f2c3b2f2b3b2d2a1e312d3d70393128">[email protected]</span></a>. To
assist in the process of locating and identifying records, individuals
should furnish the following: Name and home address; business title and
address; any other known identifying information such as an agency file
number or identification number; a description of the circumstances
under which the records were compiled; and any other information deemed
necessary by OSC to properly process the request. Requesters should
reasonably describe the records they seek. Rules about FOIA access are
in 5 CFR 1820 and rules about Privacy Act access are in 5 CFR 1830.
[[Page 72646]]
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest records about themselves should
contact OSC's Privacy Act Officer, identify any information they
believe should be corrected, and furnish a statement of the basis for
the requested correction along with all available supporting documents
and materials. See OSC Privacy Act regulations at 5 CFR part 1830.
NOTIFICATION PROCEDURES:
Individuals who wish to inquire whether this system contains
information about them should follow the Record Access procedures noted
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Date: December 16, 2021.
Travis Millsaps,
Deputy Special Counsel for Public Policy.
[FR Doc. 2021-27726 Filed 12-21-21; 8:45 am]
BILLING CODE 7405-01-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.