Notice2021-28495
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
January 4, 2022
Effective
February 3, 2022
Issuing agencies
Social Security Administration
Abstract
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Reasonable Accommodation for Persons with Disabilities, Social Security Administration (60-0315), last published on October 25, 2005. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 267-270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28495]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2021-0052]
Privacy Act of 1974; System of Records
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, we are issuing
public notice of our intent to modify an existing system of records
entitled, Reasonable Accommodation for Persons with Disabilities,
Social Security Administration (60-0315), last published on October 25,
2005. This notice publishes details of the modified system as set forth
below under the caption, SUPPLEMENTARY INFORMATION.
DATES: The system of records notice (SORN) is applicable upon its
publication in today's Federal Register, with the exception of the new
routine uses, which are effective February 3, 2022.
We invite public comment on the new routine uses or other aspects
of the modifications to this SORN. In accordance with the Privacy Act
of 1974, the public is given a 30-day period in which to submit
comments. Therefore, please submit any comments by February 3, 2022.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress may comment on this publication by writing to the Executive
Director, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Please reference docket number
SSA-2021-0052. All comments we receive will be
[[Page 268]]
available for public inspection at the above address and we will post
them to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Elizabeth Boorstein, Government
Information Specialist, Privacy Implementation Division, Office of
Privacy and Disclosure, Office of the General Counsel, SSA, Room G-401
West High Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401, telephone: (410) 966-5855, email: <a href="/cdn-cgi/l/email-protection#3c795055465d5e594854127e53534e4f485955527c4f4f5d125b534a"><span class="__cf_email__" data-cfemail="c287aeabb8a3a0a7b6aaec80adadb0b1b6a7abac82b1b1a3eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: We are modifying the system of records name
from ``Reasonable Accommodation for Persons with Disabilities'' to
``Reasonable Accommodation Database'' to reflect the broadened scope of
the system of records to cover the collection and use of reasonable
accommodation requests for medical and religious exceptions, in
accordance with Executive Order (E.O.) 14043 on Requiring Coronavirus
Disease 2019 Vaccination for Federal Employees (dated September 9,
2021). In addition to the E.O., we are also updating the authorities
for this system to include the Title VII of the Civil Rights Act, 42
U.S.C. 2000e, and the Religious Freedom Restoration Act (RFRA), 42
U.S.C. 2000bb-1(a), et seq.
To support the implementation of E.O. 14043, we are modifying most
sections of the SORN to reflect the added collection and use of
information to provide medical and religious accommodations to federal
employees, prospective employee applicants, and agency staff who are
not federal employees but work on behalf of the agency who request an
exception to vaccination requirements. In addition, due to an Agency
reorganization, the system manager and locations have changed since the
last version of the RA SORN was published. We are also publishing
updated records retention schedules and administrative, technical and
physical safeguards to reflect updated information. Finally, we are
modifying the notice throughout to correct miscellaneous stylistic
formatting and typographical errors of the previously published notice,
and to ensure the language reads consistently across multiple systems.
We are republishing the entire notice for ease of reference.
In accordance with 5 U.S.C. 552a(r), we provided a report to OMB
and Congress on this modified system of records.
Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel.
SYSTEM NAME AND NUMBER:
Reasonable Accommodation (RA) Database, 60-0315.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
IN HEADQUARTERS:
Office of the Chief Actuary, Social Security Administration, 6401
Security Boulevard, Baltimore, Maryland 21235-6401.
Office of the Inspector General, Social Security Administration,
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Office of the General Counsel, Social Security Administration, 6401
Security Boulevard, Baltimore, Maryland 21235- 6401.
Office of Civil Rights and Equal Opportunity, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Office of Communications, Social Security Administration, 6401
Security Boulevard, Baltimore, Maryland 21235-6401.
Office of Budget, Finance, and Management, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Office of Human Resources, Social Security Administration, 6401
Security Boulevard, Baltimore, Maryland 21235-6401.
Office of Legislation and Congressional Affairs, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Office of Operations, Social Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401.
Office of Retirement and Disability Policy, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Office of Systems, Social Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401.
FOR OFFICE OF CENTRAL OPERATIONS:
Manager, Civil Rights and Equal Opportunity Staff, Social Security
Administration, Office of Central Operations, 1500 Woodlawn Drive,
Security West Tower, Suite 7000, Baltimore, Maryland 21241.
REGIONAL ADDRESSES:
Civil Rights and Equal Opportunity Regional Manager, Boston Region,
Social Security Administration, JFK Federal Building, Room 1900,
Boston, Massachusetts 02203-1900.
Civil Rights and Equal Opportunity Regional Manager, New York
Region, Social Security Administration, 26 Federal Plaza, Room 40-130,
New York, New York 10278.
Civil Rights and Equal Opportunity Regional Manager, Philadelphia
Region, Social Security Administration, 7th Floor, 300 Spring Garden
Street, Philadelphia, Pennsylvania 19123.
Civil Rights and Equal Opportunity Regional Manager, Atlanta
Region, Social Security Administration, Atlanta Region, 61 Forsyth
Street SW, Suite 23T29, Atlanta, Georgia 30303.
Civil Rights and Equal Opportunity Regional Manager, Chicago
Region, Social Security Administration, 600 West Madison Street, 10th
Floor, Chicago, Illinois 60661.
Civil Rights and Equal Opportunity Regional Manager, Dallas Region,
Social Security Administration, 1301 Young Street, Suite 525, Dallas,
Texas 75202.
Civil Rights and Equal Opportunity Regional Manager, Kansas City
Region, Social Security Administration, 601 East 12th Street, Suite
1028, Kansas City, Missouri 64106.
Civil Rights and Equal Opportunity Regional Manager, Denver Region,
Social Security Administration, 1961 Stout Street, Denver, Colorado
80294.
Civil Rights and Equal Opportunity Regional Manager, San Francisco
Region, Social Security Administration, 1221 Nevin Avenue, 6th Floor,
Richmond, California 94804.
Civil Rights and Equal Opportunity Regional Manager, Seattle
Region, Social Security Administration, 701 5th Avenue, Suite 2900,
Mail Stop 291A, Seattle, Washington 98104-7075.
ServiceNow, 2225 Lawson Lane, Santa Clara, CA 95054.
SYSTEM MANAGER(S):
Office of Civil Rights and Equal Opportunity, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401, (410) 966-5855.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973 (29 U.S.C. 791, et seq.), as
amended, and implementing regulations at 29 CFR 1614.203; the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), as amended;
Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination
for Federal Employees (dated September 9, 2021);
[[Page 269]]
Executive Order 13164 on Requiring Federal Agencies To Establish
Procedures To Facilitate the Provision of Reasonable Accommodation
(dated July 26, 2000); Equal Employment Opportunity Commission's Policy
Guidance on Executive Order 13164: Establishing Procedures to
Facilitate the Provision of Reasonable Accommodation, Directives
Transmittal Number 915.003 (dated October 20, 2000); Religious Freedom
Restoration Act (RFRA), 42 U.S.C. 2000bb-1(a), et seq.; and Title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000e, et seq.), as amended,
and implementing regulations at 29 CFR 1600, et seq.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain information on
individuals who request a reasonable accommodation (RA) and the
processing of and decision on such requests. Examples of requests
received include:
<bullet> A qualified employment applicant with a disability needs
an accommodation to be considered for a job;
<bullet> A qualified employee with a disability needs an
accommodation to enable the employee to perform the essential functions
of the job or to gain access to the workplace;
<bullet> A qualified employee needs the assistance of a personal
attendant service to perform activities of daily living that an
individual with a targeted disability would typically perform, if he or
she did not have a disability, and that is not otherwise required as a
reasonable accommodation;
<bullet> A qualified employee with a disability needs an
accommodation to enjoy equal benefits and privileges of employment; and
<bullet> A qualified employee who requests a medical or religious
exception to vaccination requirements for federal employees (e.g., E.O.
14043 Requiring Coronavirus Disease 2019 Vaccinations for Federal
Employees).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains information on applicants for employment and
employees who have requested a RA, agency staff who are not federal
employees but work on behalf of the agency, and third parties who may
make an accommodation request on behalf of an applicant or employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system maintains records relating to RA requests, such as:
<bullet> The requester's name, RA/ID number and type(s) of RA
requests and whether those requests have been granted or denied;
<bullet> If requesting a reasonable accommodation for a medical
diagnosis or disability, medical documentation to support the request;
<bullet> If requesting a reasonable accommodation for a sincerely
held religious belief, practice, or observance, religious and medical
documentation to support the request;
<bullet> Results of testing, when relevant to a request;
<bullet> Vaccination history, when relevant to a request;
<bullet> Number and types of RAs that have been requested in the
application process and whether those requests have been granted or
denied;
<bullet> Jobs (Occupational series, grade level and Agency
component) for which RAs have been requested;
<bullet> Number and types of RAs for each job, by Agency component,
that have been approved, and denied;
<bullet> Number and types of RA requests that relate to the
benefits or privileges of employment, and whether those requests have
been granted or denied;
<bullet> Reasons for denial of requests for RA;
<bullet> Amount of time taken to process each request for RA; and
<bullet> Sources of technical assistance that have been consulted
in identifying possible RAs.
RECORD SOURCE CATEGORIES:
We obtain information in this system of records from requesting
applicants, employees, agency staff who are not federal employees but
work on behalf of the agency, third parties, and SSA officials.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
We will disclose records pursuant to the following routine uses;
however, we will not disclose any information defined as ``return or
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code,
unless authorized by a statute, the Internal Revenue Service (IRS), or
IRS regulations.
1. To the Office of the President, in response to an inquiry
received from that office made on behalf of, and at the request of, the
subject of record or a third party acting on the subject's behalf.
2. To a congressional office in response to an inquiry from that
office made on behalf of, and at the request of, the subject of a
record or a third party acting on the subject's behalf.
3. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such tribunal when:
(a) SSA, or any component thereof; or
(b) any SSA employee in an official capacity; or
(c) any SSA employee in an individual capacity where DOJ (or SSA
where it is authorized to do so) has agreed to represent the employee;
or
(d) the United States or any agency thereof, where SSA determines
that the litigation is likely to affect the operations of SSA or any of
its components, is party to litigation or has an interest in such
litigation, and SSA determines that the use of such records by DOJ, a
court or other tribunal, or another party before the tribunal, is
relevant and necessary to the litigation, provided, however, that in
each case, SSA determines that such disclosure is compatible with the
purpose for which the records were collected.
4. To the Equal Employment Opportunity Commission (Commission),
when requested in connection with investigations into alleged or
possible discriminatory practices in the Federal sector, examination of
Federal affirmative employment programs, compliance by Federal agencies
with Uniformed Guidelines on Employee Selection Procedures, or other
functions vested in the Commission.
5. To the Federal Labor Relations Authority, its General Counsel,
the Federal Mediation and Conciliation Service, the Federal Service
Impasses Panel, or an arbitrator when information is requested in
connection with investigations of allegations of unfair practices,
matters before an arbitrator or the Federal Service Impasses Panel.
6. To the Office of Personnel Management or the Merit Systems
Protection Board (including the Office of Special Counsel) when
information is requested in connection with appeals, special studies of
the civil service and other merit systems, review of those agencies'
rules and regulations, investigation of alleged or possible prohibited
personnel practices, and for such other functions of these agencies as
may be authorized by law, (e.g., 5 U.S.C. 1205 and 1206).
7. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We will disclose information under this routine use only in
situations in which SSA may enter into a contractual or similar
agreement with a third party to assist in accomplishing an SSA function
relating to this system of records.
8. To student volunteers, individuals working under a personal
services
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contract, and other workers who technically do not have the status of
Federal employees, when they are performing work for SSA, as authorized
by law, and they need access to personally identifiable information
(PII) in SSA records in order to perform their assigned agency
functions.
9. To the National Archives and Records Administration (NARA) under
4 U.S.C. 2904 and 2906.
10. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
(a) To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace, the operation of SSA
facilities, or
(b) to assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
11. To appropriate agencies, entities, and persons when:
(a) SSA suspects or has confirmed that there has been a breach of
the system of records;
(b) SSA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, SSA (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 SSA's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
12. To another Federal agency or Federal entity, when SSA
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in:
(a) Responding to a suspected or confirmed breach; or
(b) 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.
13. To third parties when an individual involved with a request
needs assistance to communicate because of a hearing impairment or a
language barrier exists (e.g., interpreters, telecommunications relay
system operators).
14. To federal, state, and local health departments, and other
health, first aid and safety personnel, when appropriate, if an
individual might require emergency treatment or to respond to exposures
or reports of communicable diseases.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS IN THE SYSTEM:
We will maintain records in this system in electronic and paper
form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
We will retrieve records in this system by applicant name,
employee's name, name of agency staff member who is not a federal
employee but works on behalf of the agency, and/or RA/ID Number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA rules codified at 36 CFR 1225.16, we
maintain records in accordance with the approved NARA General Records
Schedule 1, Section 24.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
We retain electronic and paper files containing personal
identifiers in secure storage areas accessible only by our authorized
personnel who have a need for the information when performing their
official duties. Security measures include, but are not limited to, the
use of codes and profiles, personal identification number and password,
and personal identification verification cards. We restrict access to
specific correspondence within the system based on assigned roles and
authorized users. We use audit mechanisms to record sensitive
transactions as an additional measure to protect information from
unauthorized disclosure or modification. We keep paper records in
locked cabinets within secure areas, with access limited to only those
employees who have an official need for access in order to perform
their duties.
We annually provide our employees and contractors with appropriate
security awareness training that includes reminders about the need to
protect PII and the criminal penalties that apply to unauthorized
access to, or disclosure of, PII (5 U.S.C. 552a(i)(1)). Furthermore,
employees and contractors with access to databases maintaining PII must
annually sign a sanctions document that acknowledges their
accountability for inappropriately accessing or disclosing information.
RECORD ACCESS PROCEDURES:
Individuals may submit requests for information about whether this
system contains a record about them by submitting a written request to
the system manager at the above address, which includes their name, RA/
ID number, or other information that may be in this system of records
that will identify them. Individuals requesting notification of, or
access to a record by mail must include: (1) A notarized statement to
us to verify their identity; or (2) must certify in the request that
they are the individual they claim to be and that they understand that
the knowing and willful request for, or acquisition of, a record
pertaining to another individual under false pretenses is a criminal
offense.
Individuals requesting notification of or access to, records in
person must provide their name, RA/ID number, or other information that
may be in this system of records that will identify them, as well as
provide an identity document, preferably with a photograph, such as a
driver's license. Individuals lacking identification documents
sufficient to establish their identity must certify in writing that
they are the individual they claim to be and that they understand that
the knowing and willful request for, or acquisition of, a record
pertaining to another individual under false pretenses is a criminal
offense.
These procedures are in accordance with our regulations at 20 CFR
401.40 and 401.45.
CONTESTING RECORD PROCEDURES:
Same as record access procedures. Individuals should also
reasonably identify the record, specify the information they are
contesting, and state the corrective action sought and the reasons for
the correction with supporting justification showing how the record is
incomplete, untimely, inaccurate, or irrelevant. These procedures are
in accordance with our regulations at 20 CFR 401.65(a).
NOTIFICATION PROCEDURES:
Same as records access procedures. These procedures are in
accordance with our regulations at 20 CFR 401.40 and 401.45.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
70 FR 62157, Reasonable Accommodation for Persons with
Disabilities.
72 FR 69723, Reasonable Accommodation for Persons with
Disabilities.
83 FR 54969, Reasonable Accommodation for Persons with
Disabilities.
[FR Doc. 2021-28495 Filed 1-3-22; 8:45 am]
BILLING CODE 4191-02-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.