Notice2021-24802
Privacy Act of 1974; System of Records
Primary source
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Published
November 15, 2021
Effective
December 20, 2021
Issuing agencies
U.S. International Development Finance Corporation
Abstract
In accordance with the Privacy Act of 1974, the U.S. International Development Finance Corporation (DFC) proposes to establish a new system of records titled, "DFC/09 Reasonable Accommodations Records." This system of records will include information that DFC collects and maintains from those who request and/ or receive reasonable accommodations from DFC for medical or religious reasons.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63000-63003]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24802]
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U.S. INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
Privacy Act of 1974; System of Records
AGENCY: U.S. International Development Finance Corporation.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
International Development Finance Corporation (DFC) proposes to
establish a new system of records titled, ``DFC/09 Reasonable
Accommodations Records.'' This system of records will include
information that DFC collects and maintains from those who request and/
or receive reasonable accommodations from DFC for medical or religious
reasons.
DATES: Submit comments on or before December 15, 2021. This new system
is effective upon publication in the Federal Register, except for the
routine uses, which are effective December 20, 2021.
ADDRESSES: You may submit written comments through the following
methods:
<bullet> Mail: Tina Donbeck, Chief Information Officer, U.S.
International Development Finance Corporation, 1100 New York Avenue NW,
Washington, DC 20527.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#680e0d0c1a0d0f280c0e0b460f071e"><span class="__cf_email__" data-cfemail="95f3f0f1e7f0f2d5f1f3f6bbf2fae3">[email protected]</span></a>.
All submissions received must reference ``DFC/09 Reasonable
Accommodation SORN.''
Please note that all written comments received in response to this
notice will be considered public records.
FOR FURTHER INFORMATION CONTACT: Tina Donbeck, Chief Information
Officer and Senior Agency Official for Privacy at <a href="/cdn-cgi/l/email-protection#da899b958a9abebcb9f4bdb5ac"><span class="__cf_email__" data-cfemail="9bc8dad4cbdbfffdf8b5fcf4ed">[email protected]</span></a> or (202)
336-8400. Please put ``Reasonable Accommodations SORN'' in the subject
line of your email.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the U.S. International Development Finance Corporation (DFC) proposes
to establish a new system of records titled, ``DFC/09 Reasonable
Accommodations Records.'' This system of records covers DFC's
collection and maintenance of records on applicants for employment,
employees, and other individuals who participate in DFC programs or
activities who request or receive reasonable accommodations or other
appropriate modifications from DFC for medical or religious reasons.
Title V of the Rehabilitation Act of 1973, as amended, prohibits
[[Page 63001]]
discrimination in services and employment on the basis of 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. DFC may address those requests pursuant to the general
authority of the Director contained in Title V of the United States
Code.
Reasonable accommodations may include, but are not limited to:
Making existing facilities readily accessible to individuals with
disabilities; restructuring jobs, modifying work schedules or places of
work, and providing flexible scheduling for medical appointments or
religious observance; acquiring or modifying equipment or examinations
or training materials; providing qualified readers and interpreters,
personal assistants, service animals; granting permission to wear
religious dress, hairstyles, or facial hair or to observe a religious
prohibition against wearing certain garments; considering requests for
medical and religious exemptions to specific workplace requirements;
and making other modifications to workplace policies and practices.
DFC's Office of Human Resources Management and DFC's Office of
Equal Employment Opportunity process requests for reasonable
accommodations due to a medical or religious reason; DFC's Office of
Human Resources Management 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. Other DFC offices may also receive such requests related to
programs or activities for which they are responsible. The request,
documentation provided in support of the request, any evaluation
conducted internally, or by a third party under contract to DFC, the
decision regarding whether to grant or deny a request, and the details
and conditions of the reasonable accommodation are all included in this
system of records.
DFC has provided a report of this system of records to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget (OMB),
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' dated December 23, 2016. This system will be included in
the DFC inventory of record systems.
U.S. International Development Finance Corporation.
Nichole Skoyles,
Administrative Counsel.
SYSTEM NAME AND NUMBER:
U.S. International Development Finance Corporation, DFC/09
Reasonable Accommodations Records
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained primarily by the U.S. International
Development Finance Corporation's Office of Human Resources Management
and Office of Equal Employment Opportunity, 1100 New York Avenue NW,
Washington DC 20527. Records may also be also be kept in the department
of the requesting individual. Records may be located in locked cabinets
and offices, on DFC's local area network, or in designated U.S. data
centers for FedRAMP-authorized cloud service providers.
SYSTEM MANAGER(S):
Vice President and Chief Human Capital Officer, U.S. International
Development Finance Corporation, 1100 New York Avenue NW, Washington,
DC 20527, <a href="/cdn-cgi/l/email-protection#b6e4f7f5f6d2d0d598d1d9c0"><span class="__cf_email__" data-cfemail="7b293a383b1f1d18551c140d">[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 DFC to collect
and maintain records on applicants for employment, employees, and other
individuals who participate in DFC programs or activities who request
or receive reasonable accommodations or other appropriate modifications
from DFC for medical or religious reasons; to process, evaluate, and
make decisions on individual requests; and to track and report the
processing of such requests DFC-wide to comply with applicable
requirements in law and policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for Federal employment, Federal employees, contractors,
detailees, volunteers, visitors, and other individuals who participate
in DFC programs or activities who requested and/or received reasonable
accommodations or other appropriate modifications from DFC for medical
or religious reasons.
CATEGORIES OF RECORDS IN THE SYSTEM:
<bullet> Requester's name;
<bullet> Requester's status (applicant or current employee, etc.);
<bullet> Date of request;
<bullet> Employee's position title, grade, series, step;
<bullet> Position title, grade, series, step of the position the
requester is applying for;
<bullet> Requester's contact information (addresses, phone numbers,
and email addresses);
<bullet> Description of the requester's medical condition or
disability and any medical documentation provided in support of the
request;
<bullet> 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;
<bullet> Description of the accommodation being requested;
<bullet> Description of previous requests for accommodation;
<bullet> Whether the request was made orally or in writing;
<bullet> Documentation by a DFC 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 DFC
official from meeting the relevant timeframe;
<bullet> Whether the request for reasonable accommodation was
granted or denied, and if denied the reason for the denial;
<bullet> The amount of time taken to process the request;
[[Page 63002]]
<bullet> The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation;
<bullet> Any reports or evaluations prepared in determining whether
to grant or deny the request; and
<bullet> 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 and/or
receive a reasonable accommodation or other appropriate modification
from DFC, or their authorized representative; 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 from management
officials, including supervisors, the Office of Information Technology,
and the Facilities, Travel & Security Division.
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 DFC as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. To the Department of Justice, including Offices of the U.S.
Attorneys; another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party in litigation before a court, adjudicative, or
administrative body; or to a court, adjudicative, or administrative
body. Such disclosure is permitted only when it is relevant or
necessary to the litigation or proceeding, and one of the following is
a party to the litigation or has an interest in such litigation:
(1) DFC, or any component thereof;
(2) Any employee or former employee of DFC in his or her official
capacity;
(3) Any employee or former employee of DFC in his or her capacity
where the Department of Justice or DFC has agreed to represent the
employee;
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the DFC General Counsel's approval, pursuant to 5 CFR part 295 or
otherwise.
b. To the appropriate Federal, State, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order, when a record, either on its face or in
conjunction with other information, indicates or is relevant to a
violation or potential violation of civil or criminal law or
regulation.
c. To a member of Congress from the record of an individual in
response to an inquiry made at the request of the individual to whom
the record pertains.
d. To the National Archives and Records Administration (NARA) for
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
e. To appropriate agencies, entities, and persons when (1) DFC
suspects or has confirmed that there has been a breach of the system of
records; (2) DFC has determined that as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, DFC
(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 DFC's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
f. To another Federal agency or Federal entity, when DFC 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.
g. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for DFC when DFC determines that it is
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 DFC employees.
h. 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.
i. To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engages in
investigation or settlement of a grievance, complaint, or appeal filed
by an individual who requested a reasonable accommodation or other
appropriate modification.
j. To another Federal agency, including but not limited to the
Equal Employment Opportunity Commission and the Office of Special
Counsel to obtain advice regarding statutory, regulatory, policy, and
other requirements related to reasonable accommodation.
k. To a Federal agency or entity authorized to procure assistive
technologies and services in response to a request for reasonable
accommodation.
l. To first aid and safety personnel if the individual's medical
condition requires emergency treatment.
m. To another Federal agency or oversight body charged with
evaluating DFC's compliance with the laws, regulations, and policies
governing reasonable accommodation requests.
n. To another Federal agency pursuant to a written agreement with
DFC to provide services (such as medical evaluations), when necessary,
in support of reasonable accommodation decisions.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
DFC's local area network or within a FedRAMP-authorized cloud service
providers segregated from non-government traffic and data, with access
limited to a small number of personnel. In addition, paper records are
stored in locked file cabinets in access-restricted offices.
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 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 physical security
measures. DFC security measures are in
[[Page 63003]]
compliance with the Federal Information Security Modernization Act
(Pub. L.113-283), associated Office of Management and Budget policies,
and applicable standards and guidance from the National Institute of
Standards and Technology. Strict controls have been imposed to minimize
the risk of compromising the information that is 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 seeking notification of and access to their records in
this system of records may submit a request in writing to the System
Manager listed above. Requests for amendments to records and requests
for review of a refusal to amend a record must comply with the
requirements of 22 CFR 707.23.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of records about them
contained in this system of records may do so by writing to the System
Manager above. Requests for amendments to records and requests for
review of a refusal to amend a record must comply with the requirements
of 22 CFR 707.23.
NOTIFICATION PROCEDURES:
See ``Record Access Procedure.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-24802 Filed 11-12-21; 8:45 am]
BILLING CODE 3210-01-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.