Notice2024-22084
Privacy Act of 1974; System of Records
Primary source
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Published
September 26, 2024
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 187 (Thursday, September 26, 2024)</title>
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[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78854-78858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#7707051e0116140e371f065913181259101801"><span class="__cf_email__" data-cfemail="0c7c7e657a6d6f754c647d22686369226b637a">[email protected]</span></a>.
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
<a href="/cdn-cgi/l/email-protection#93e3e1fae5f2f0ead3fbe2bdf7fcf6bdf4fce5"><span class="__cf_email__" data-cfemail="82f2f0ebf4e3e1fbc2eaf3ace6ede7ace5edf4">[email protected]</span></a>, 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:
<bullet> 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.
<bullet> 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.
<bullet> 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
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