Notice2021-24924
Privacy Act of 1974; System of Records
Primary source
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Published
November 16, 2021
Effective
December 16, 2021
Issuing agencies
Export-Import Bank
Abstract
Pursuant to the Privacy Act of 1974 the Export-Import Bank of the United States (EXIM) is proposing a new system of records notice (SORN). EXIM is proposing EXIM 21-02 Reasonable Accommodation Records. This new SORN will include the authorities for maintenance of the system, the purposes of the system, the categories of individuals covered by the system, the record source categories, and the records contained in the system, to include records of requests for accommodation based on physical and mental disabilities and sincerely held religious beliefs, practices, or observances.
Full Text
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<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
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[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63377-63380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24924]
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EXPORT-IMPORT BANK
[Public Notice: 2021-3041]
Privacy Act of 1974; System of Records
AGENCY: Export-Import Bank of the United States.
ACTION: Notice of new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974 the Export-Import Bank of
the United States (EXIM) is proposing a new system of records notice
(SORN). EXIM is proposing EXIM 21-02 Reasonable Accommodation Records.
This new SORN will include the authorities for maintenance of the
system, the purposes of the system, the categories of individuals
covered by the system, the
[[Page 63378]]
record source categories, and the records contained in the system, to
include records of requests for accommodation based on physical and
mental disabilities and sincerely held religious beliefs, practices, or
observances.
DATES: The system of records described herein will become effective
December 16, 2021.
ADDRESSES: You may submit written comments to EXIM by any 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> Mail or Hand Delivery: Office of Information and Privacy,
Export-Import Bank of the United States, 811 Vermont Avenue NW,
Washington, DC 20571.
Commenters are strongly encouraged to submit public comments
electronically. EXIM expects to have limited personnel available to
process public comments that are submitted on paper through mail. Until
further notice, any comments submitted on paper will be considered to
the extent practicable.
All submissions must include the agency's name (Export-Import Bank
of the United States, or EXIM) and reference this notice. Comments
received will be posted without change to EXIM's website, <a href="http://www.exim.gov">http://www.exim.gov</a>, including any personal information provided. Do not
submit comments that include any personally identifiable information or
confidential business information. Copies of comments may also be
obtained by writing to Nakia Burton, Export-Import Bank of the United
States, 811 Vermont Avenue NW, Washington, DC 20571.
FOR FURTHER INFORMATION CONTACT: Howard Spira, Chief Privacy Officer,
Export-Import Bank of the United States, Office of Information and
Privacy, 811 Vermont Avenue NW, Washington, DC 20571, 202-565-3844. For
access to any of the EXIM's systems of records, contact Bassam
Doughman, Records Management Officer, Office of Information and
Privacy, 811 Vermont Avenue NW, Washington, DC 20571, or by calling
202-565-3168, or go to Privacy Act System of Records Notice (<a href="http://exim.gov">exim.gov</a>).
SUPPLEMENTARY INFORMATION: EXIM is proposing to include the authorities
for maintenance of the system, purposes of the system, the categories
of records contained in the system, the categories of individuals
covered by the system, the record source categories, a citation in the
Routine Uses section, a citation in the Record Access Procedures
section, and a citation in the Contesting Records Procedures section of
EXIM--21-03--Reasonable Accommodation Records.
EXIM is including the Authority for Maintenance of the System by
including citations to ``42 U.S.C. 2000e et seq., 42 U.S.C. 2000bb et
seq.'' and including Chapter 21 from Title 42 of the United States Code
and Parts 1605 and 1614 from Title 29 of the Code of Federal
Regulations. EXIM is including the purposes of the system that allows
EXIM to maintain records on individuals who requested or received
reasonable accommodation by EXIM because of religious beliefs. EXIM is
describing the Categories of Records Contained in the System to include
information concerning the individual's physical and/or mental
disabilities and/or religious belief. EXIM is defining the Categories
of Individuals Covered by the System by including the words ``physical
and/or mental disabilities, and/or religious belief, practice or
observance'' to include accommodation requests based on physical and/or
mental disabilities and/or sincerely held religious beliefs and
including ``equal employment opportunity professionals'' to Record
Source Categories. EXIM is also including the citation to 29 CFR 4902.5
to the Contesting Records Procedures section.
A report will be sent to Congress and the Office of Management and
Budget for their evaluation.
For the convenience of the public, EXIM's new system of records is
published in full below.
Issued in Washington, DC.
Howard Spira,
Senior Vice President, Office of Information and Privacy, Export-Import
Bank of the United States.
SYSTEM NAME AND NUMBER:
EXIM--XX: Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Export-Import Bank of the United States, 811 Vermont Avenue NW,
Washington, DC 20571. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Reasonable Accommodations Coordinator, Office of Human Capital,
EXIM, 811 Vermont Avenue NW, Washington, DC 20571.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 29 U.S.C. 701 et
seq.; 29 U.S.C. 791; 42 U.S.C. 12101 et seq.; 42 U.S.C. 2000e et seq.;
42 U.S.C. 2000bb; 42 U.S.C. Ch. 21, 126; 29 CFR parts 1605, 1614, 1630;
Executive Order 13164 (July 26, 2000); and Executive Order 13548 (July
26, 2010).
PURPOSE(S) OF THE SYSTEM:
The purposes of this system are: (1) To allow EXIM to collect and
maintain records on applicants, current, and former employees and other
individuals who participate in EXIM programs or activities with
physical and/or mental disabilities, and/or sincerely held religious
beliefs, practices, or observances who request and/or receive
reasonable accommodation by EXIM; (2) to track and report the
processing of requests for reasonable accommodation EXIM-wide to comply
with applicable law and regulations; and (3) to maintain the
confidentiality of medical and/or religious information submitted by or
on behalf of applicants or employees requesting reasonable
accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants, current, and former employees of EXIM and visitors to
Federal buildings who request and/or receive a reasonable accommodation
or appropriate modifications from EXIM for a physical and/or mental
disability, and/or religious belief, practice, or observance;
Authorized individuals or representatives (e.g., family members, union
representatives, or attorneys) who submit a request for a reasonable
accommodation on behalf of an applicant, current, or former employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and employment information of applicants and employees
requesting and granted or denied an accommodation; the requester's name
and contact information (if different than the applicant or employee
who needs an accommodation); date request was initiated; information
concerning the nature of the disability or religious belief, practice,
or observance and the need for accommodation, including appropriate
medical or other documentation; occupational series; pay grade;
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; essential
functions of the position; details of the accommodation request, such
as: Type of accommodation requested, how the requested accommodation
would assist in job or allow job performance while accommodating the
disability or
[[Page 63379]]
religious belief, practice, or observance, the sources of technical
assistance consulted in trying to identify alternative reasonable
accommodation, any additional information provided by the requester
relating to the processing of the request, whether the request was
approved or denied, whether the accommodation was approved for a trial
period; and, documentation between the applicant and EXIM, employee and
his/her supervisor(s) regarding the accommodation.
RECORD SOURCE CATEGORIES:
Subject individuals or individual making the request (if different
than the subject individuals); medical and equal employment opportunity
professionals 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 the subject individuals' supervisor(s).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE 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 EXIM 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) EXIM, or any component thereof;
(2) Any employee or former employee of EXIM in his or her official
capacity;
(3) Any employee or former employee of EXIM in his or her capacity
where the Department of Justice or EXIM 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
EXIM 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) EXIM
suspects or has confirmed that there has been a breach of the system of
records; (2) EXIM has determined that as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, EXIM
(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 EXIM'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 EXIM
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 EXIM when EXIM 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 EXIM 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 EXIM's compliance with the laws, regulations, and policies
governing reasonable accommodation requests.
n. To another Federal agency pursuant to a written agreement with
EXIM to provide services (such as medical evaluations), when necessary,
in support of reasonable accommodation decisions.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on an EXIM or a contractor- hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following:
Applicant or employee name or assigned case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a EXIM records disposition
schedule approved by NARA. Records existing on paper are destroyed
beyond recognition.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
EXIM has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password
[[Page 63380]]
protected electronic system that utilizes security hardware and
software to include multiple firewalls, active intruder detection, and
role-based access controls. EXIM has adopted appropriate
administrative, technical, and physical controls in accordance with
EXIM's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 12 CFR 404.14 or to amend records pertaining to themselves in
accordance with 2912 CFR 404.18, should submit a written request to the
Freedom of Information and Privacy Act Office, EXIM, 811 Vermont Avenue
NW, Washington, DC 20571, providing their name, address, date of birth,
and verification of their identity in accordance with 12 Sec.
1404.14(d & e).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records, in accordance with 12 CFR
1404.18 must submit a written request identifying the information they
wish to correct in their file, in addition to following the
requirements of the Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the Freedom
of Information and Privacy Act Office, EXIM, 811 Vermont Avenue NW,
Washington, DC 20571, providing their name, address, date of birth, and
verification of their identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Bassam Doughman,
IT Specialist.
[FR Doc. 2021-24924 Filed 11-15-21; 8:45 am]
BILLING CODE 6690-01-P
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</html>Indexed from Federal Register on November 16, 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.