Notice2021-24712
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 18, 2021
Issuing agencies
Federal Retirement Thrift Investment Board
Abstract
Pursuant to the Privacy Act of 1974, the Federal Retirement Thrift Investment Board (FRTIB) proposes to modify an existing system of records notice in order to collect information related to sincerely held religious beliefs, practices, or observances when necessary to evaluate requests for a religious accommodation.
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 64478-64481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24712]
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Privacy Act of 1974; System of Records
AGENCY: Federal Retirement Thrift Investment Board (FRTIB).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Federal Retirement
Thrift Investment Board (FRTIB) proposes to modify an existing system
of records notice in order to collect information related to sincerely
held religious beliefs, practices, or observances when necessary to
evaluate requests for a religious accommodation.
DATES: The modifications to this system will become effective upon
publication in today's Federal Register. FRTIB invites written comments
on the routine uses and other aspects of this system of records. Submit
any comments by December 20, 2021.
ADDRESSES: You may submit written comments to FRTIB by any one of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the website instructions for submitting comments.
<bullet> Fax: 202-942-1676.
<bullet> Mail or Hand Delivery: Office of General Counsel, Federal
Retirement Thrift Investment Board, 77 K Street NE, Suite 1000,
Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Peter Robbins, Chief Privacy Officer,
Federal Retirement Thrift Investment Board, Office of General Counsel,
77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-1600. For
access to any of the FRTIB's systems of records, contact Amanda Haas,
FOIA Officer, Office of General Counsel, at the above address and phone
number.
SUPPLEMENTARY INFORMATION: Records contained in this system are
collected to: (1) Allow FRTIB to collect and maintain records on
prospective, current, and former employees with disabilities who
request or receive a reasonable accommodation by FRTIB; (2) allow FRTIB
to collect and maintain records on prospective, current, and former
employees with sincerely held religious beliefs, practices, or
observances who request or receive an accommodation by FRTIB; (3) track
and report the processing of requests for FRTIB-wide reasonable
accommodations to comply with applicable laws and regulations; and (4)
preserve and maintain the confidentiality of medical and religious
information submitted by or on behalf of applicants or employees
requesting a reasonable accommodation.
On September 9, 2021, the President issued Executive Order 14043,
Executive Order on Requiring Coronavirus Disease 2019 Vaccination for
Federal Employees, requiring the COVID-19 vaccination for all Federal
employees, subject to such exceptions as required by law. On October 4,
2021, the Safer Federal Workforce Task Force issued guidance to Federal
agencies regarding collecting information for medical and religious
accommodations. In order to meet the requirements of Executive Order
14043 and the Task Force recommendations, the FRTIB is modifying this
system of records notice to include the collection of information
related to religious accommodations.
Changes being made to this SORN are for that purpose and include
changes to the Authority for Maintenance of the System, Purpose(s) of
the System, Categories of Individuals Covered by the System, Categories
of Records in the System, Routine Uses of Records Maintained in the
System, Policies and Practices for Retention and Disposal of Records,
and the Publication History of the System of Records Notice.
There are no new routine uses being published at this time; four
previously published routine uses have been removed from this
publication of SORN FRTIB-18.
In accordance with 5 U.S.C. 552a(r), the Agency has provided a
report to
[[Page 64479]]
OMB and to Congress on this notice of modified systems of records.
Dharmesh Vashee,
General Counsel and Senior Agency Official for Privacy.
SYSTEM NAME AND NUMBER:
FRTIB-18, Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Human Resources Officer, Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 29 U.S.C. 791; 42 U.S.C. 12101 et
seq.; 42 U.S.C. 2000e et seq.; 42 U.S.C. 2000bb et seq.; 44 U.S.C.
3101; Executive Order 13164 (July 28, 2000); and Executive Order 13548
(July 10, 2010).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to: (1) Allow FRTIB to collect and
maintain records on prospective, current, and former employees with
disabilities who request or receive a reasonable accommodation by
FRTIB; (2) allow FRTIB to collect and maintain records on prospective,
current, and former employees with sincerely held religious beliefs,
practices, or observances who request or receive an accommodation by
FRTIB; (3) track and report the processing of requests for FRTIB-wide
reasonable accommodations to comply with applicable laws and
regulations; and (4) preserve and maintain the confidentiality of
medical and religious information submitted by or on behalf of
applicants or employees requesting a reasonable accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former FRTIB employees who request and/or
receive a reasonable accommodation for a disability or a sincerely held
religious belief, practice, or observance; and authorized individuals
or representatives (e.g., family members or attorneys) who file a
request for a reasonable accommodation on behalf of a prospective,
current, or former employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and employment information of employees needing an
accommodation; requestor's name and contact information (if different
than the employee who needs an accommodation); date request was
initiated; information concerning the nature of the disability and the
need for accommodation, including appropriate medical documentation;
information concerning the nature of the sincerely held religious
belief, practice, or observance and the need for accommodation,
including any appropriate documentation; details of the accommodation
request, such as: Type of accommodation requested, how the requested
accommodation would assist in job performance, 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 and his/her
supervisor(s) regarding the accommodation.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
6. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
7. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this
[[Page 64480]]
system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
8. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
9. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
10. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
11. Routine Use--Medical Professionals, Reasonable Accommodation
Documentation: A record from this system of records may be disclosed to
physicians or other medical professionals to provide them with or
obtain from them the necessary medical documentation and/or
certification for reasonable accommodations.
12. Routine Use--Federal Agencies, Equal Employment and Reasonable
Accommodation Issues: A record from this system of records may be
disclosed to another federal agency or commission with responsibility
for labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation
issues.
13. Routine Use--Federal Agencies, Reasonable Accommodation
Requirements: A record from this system of records may be disclosed to
the Department of Labor (DOL), Office of Personnel Management (OPM),
Equal Employment Opportunity Commission (EEOC), or Office of Special
Counsel (OSC) to obtain advice regarding statutory, regulatory, policy,
and other requirements related to reasonable accommodation.
14. Routine Use--Mediation/Alternative Dispute Resolution: A record
from this system of records may be disclosed to appropriate third-
parties contracted by the Agency to facilitate mediation or other
alternative dispute resolution procedures or programs.
15. Routine Use--Department of Defense, Procurement of Assistive
Technologies: A record from this system of records may be disclosed to
the Department of Defense (DOD) for the purpose of procuring assistive
technologies and services through the Computer/Electronic Accommodation
Program in response to a request for reasonable accommodation.
16. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
17. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Employee
name or assigned case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Retention Schedule 2.3, item 20, issued by the National Archives and
Records Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
[[Page 64481]]
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016); 85 FR 43654, 43675 (July 21, 2020).
[FR Doc. 2021-24712 Filed 11-17-21; 8:45 am]
BILLING CODE 6760-01-P
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</html>Indexed from Federal Register on November 18, 2021.
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.