Notice2021-25380
Privacy Act of 1974; New System of Records
Primary source
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Published
November 19, 2021
Effective
December 20, 2021
Issuing agencies
Railroad Retirement Board
Abstract
The Railroad Retirement Board (RRB) proposes to add a new system of records to its existing inventory of systems of records subject to the Privacy Act of 1974. This new system of records is titled: RRB-60, Religious and Reasonable Accommodation Records. We hereby publish this notice for public comments.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64968-64971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25380]
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RAILROAD RETIREMENT BOARD
Privacy Act of 1974; New System of Records
AGENCY: U.S. Railroad Retirement Board (RRB).
ACTION: Notice of a new system of records.
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SUMMARY: The Railroad Retirement Board (RRB) proposes to add a new
system of records to its existing inventory of systems of records
subject to the Privacy Act of 1974. This new system of records is
titled: RRB-60, Religious and Reasonable Accommodation Records. We
hereby publish this notice for public comments.
DATES: These changes become effective as proposed without further
notice on December 20, 2021. We will file a report of these Systems of
Records Notices with the Committee on Homeland Security and
Governmental Affairs of the Senate; the Committee on Oversight and
Government Reform of the House of
[[Page 64969]]
Representatives; and the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB).
ADDRESSES: Send comments to Stephanie Hillyard, Secretary to the Board,
U.S. Railroad Retirement Board, 844 North Rush Street, Chicago,
Illinois 60611-2092.
FOR FURTHER INFORMATION CONTACT: Chad Peek, Chief Privacy Officer, U.S.
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois
60611-2092; telephone: 312-751-3389, email: <a href="/cdn-cgi/l/email-protection#4e2d262f2a603e2b2b250e3c3c2c60292138"><span class="__cf_email__" data-cfemail="9dfef5fcf9b3edf8f8f6ddefefffb3faf2eb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
as amended, the RRB has determined that it needs to introduce a new
system of records. The RRB proposes a new system of records, RRB-60,
Religious and Reasonable Accommodation Records. The purpose of this
system of records is to cover all records pertaining to requests for an
accomodation for a disability or a sincerely held religious belief,
practice, or observance under federal law. The records are maintained
depending on the how the request is initiated. Records may be with the
immediate supervisor or within the Bureau of Human Resources.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
RRB-60
SYSTEM NAME AND NUMBER:
RRB-60, Religious and Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
Controlled Unclassified Information (CUI).
SYSTEM LOCATION:
U.S. Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611.
SYSTEM MANAGER(S):
Director of Human Resources, Office of Administration, U.S.
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois
60611-2092.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
a. 45 U.S.C. 231f(b)(9), Railroad Retirement Board Powers and
Duties,
b. 29 U.S.C. 791, The Rehabilitation Act of 1973,
c. 42 U.S.C. 2000e et seq., Title VII of the Civil Rights Act of
1964,
d. 29 CFR 1605, Guidelines on Discrimination Because of Religion,
e. 29 CFR 1614, Federal Sector Equal Employment Opportunity,
f. Executive Order 13164, Requiring Federal Agencies to Establish
Procedures to Facilitate the Provision of Reasonable Accommodation,
g. Executive Order 13548, Increasing Federal Employment of
Individuals with Disabilities.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to: (1) Allow RRB to collect and
maintain records on prospective and active (as of the date of the
request) employees who request or receive a reasonable accommodation by
RRB based on a disabling medical condition; (2) allow RRB to collect
and maintain records on prospective, and active (as of the date of the
request) employees who request or receive an accommodation by RRB based
on sincerely held religious beliefs, practices, or observances; (3)
track and report the processing of requests for RRB in accordance with
and 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, and active (at time of request), Railroad Retirement
Board (RRB) employees who request, receive and/or are denied a
reasonable accommodation for a disabling medical condition or a
sincerely held religious belief, practice, or observance.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and relevant employment information of prospective or active
(at time of request) employees needing an accommodation; requestor's
name and contact information (if different than the employee who
requested the accommodation); date request was initiated; information
concerning the nature of the disability and the need for accommodation,
including administratively acceptable documentation; information
concerning the nature of the sincerely held religious belief, practice,
or observance; why the accommodation is needed/justification for the
requested accommodation, including any appropriate documentation;
details of the accommodation request, such as: Type of accommodation
requested; requested accommodation; how the requested accommodation
would ensure the essential functions of the position would be
performed; any additional information provided by the requestor related
to the processing of the request; any documentation created as a result
of the interactive process; any alternative accommodations; whether the
request was approved (in whole or in part), modified or denied; whether
the accommodation was approved for a set period of time;
notification(s) to the employee and his/her supervisor(s) regarding the
status and result of the requested accommodation; and, any other
information collected or developed in connection with the request for a
reasonable accomodation.
RECORD SOURCE CATEGORIES:
RRB employees.
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 to authorized
entities, as is determined to be relevant and necessary, outside the
RRB as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
Standard Disclosure 1.--Congressional. Disclosure may be made to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made at the request of that
individual if that individual would not be denied access to the
information.
Standard Disclosure 2.--Presidential. Disclosure of relevant
information from the record of an individual may be made to the Office
of the President in response to an inquiry from that office made at the
request of that individual or a third party on the individual's behalf
if that individual would not be denied access to the information.
Standard Disclosure 3.--Contractors working for Federal Government.
Disclosure may be made to contractors, grantees, experts, consultants,
students, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for the Federal
government, to the extent necessary to accomplish an RRB function
related to this system of records.
Standard Disclosure 4.--Law Enforcement. Disclosure may be made to
the appropriate agency, whether Federal, State, local, or foreign,
charged with the responsibility of investigating, enforcing, or
prosecuting a violation or potential violation of law, whether civil,
criminal or regulatory in nature, and whether arising by general
statute or particular program statute, or by regulation, rule or order
issued pursuant thereto, or charged with enforcing or implementing the
statute, rule, regulation, or order issued pursuant
[[Page 64970]]
thereto, if the disclosure would be to an agency engaged in functions
related to the Railroad Retirement Act or the Railroad Unemployment
Insurance Act, or if disclosure would be clearly in the furtherance of
the interest of the subject individual.
Standard Disclosure 5.--Breach Notification. Disclosure may be
made, to appropriate agencies, entities, and persons when (1) the
Railroad Retirement Board suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (2) the Railroad Retirement Board has determined that as a
result of the suspected or confirmed compromise there is a risk of harm
to economic or property interests, identity theft or fraud, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by the Railroad Retirement Board or another agency
or entity) that rely upon the compromised information; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Railroad Retirement Board's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
To another Federal agency or Federal entity, when the RRB
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.
Standard Disclosure 6.--National Archives. Disclosure may be made
to the National Archives and Records Administration or other Federal
government agencies for records management inspections being conducted
under the authority of 44 U.S.C. 2904 and 2906.
Standard Disclosure 7.--Attorney Representative. Disclosure of non-
medical information in this system of records may be made to the
attorney representing such individual upon receipt of a written letter
or declaration stating the fact of representation, if that individual
would not be denied access to the information. Medical information may
be released to an attorney when such records are requested for the
purpose of contesting a determination either administratively or
judicially.
In addition to the conditions of disclosure listed in 5 U.S.C.
552a(b) of the Privacy Act and the RRB's Standard Disclosures (above),
the RRB may release these records:
a. Records may be disclosed 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) RRB, or any component thereof;
(2) Any employee or former employee of RRB in his or her official
capacity;
(3) Any employee or former employee of RRB in his or her capacity
where the Department of Justice or RRB has agreed to represent the
employee.
b. Records may be disclosed in response to a request for discovery
or for the appearance or a witness, to the extent that what is
disclosed is relevant to the subject matter involved in a pending
judicial or administrative proceeding.
c. Relevant records 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 RRB officers and
employees.
d. Relevant records 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.
e. Relevant records 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.
f. Relevant records 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.
g. Relevant records 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.
h. Relevant records from this system of records may be disclosed to
a Federal agency or entity authorized to procure assistive technologies
and services in response to a request for reasonable accommodation.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper and electronic media.
RETRIEVAL:
Records can typically be retrieved by any of the data elements
below:
a. Name or other unique personal identifiers
SAFEGUARDS:
Paper: Maintained in areas not accessible to the public in locking
filing cabinets. Access is limited to authorized RRB employees. The
Bureau of Human Resources is controlled by key card locked doors.
Building has 24 hour on-site security officers, closed circuit
television monitoring and intrusion detection systems.
Electronic media: Computer, computer storage rooms and Cloud
storage are restricted to authorized personnel; on-line query
safeguards include a lock/unlock password system, a terminal oriented
transaction matrix, role based access controls and audit trail. For
computerized records electronically transmitted between headquarters
and field office locations, system securities are established in
accordance with National Institute of Standards and Technology (NIST)
guidelines, including network monitoring, defenses in-depth, incident
response and forensics. In addition to the on-line query safeguards,
they include encryption of all data at rest and when transmitted and
exclusive use of leased telephone lines.
RETENTION AND DISPOSAL:
Retained and disposal in accordance with National Archives and
Records Administration (NARA), General Record Schedules, or RRB Records
Disposition Schedules:
[[Page 64971]]
a. Paper: These records will be maintained permanently at RRB until
their official retention period is established by the National Archives
and Records Administration (NARA).
b. Electronic media: Storage drives and Cloud storage: Continually
updated and permanently retained. When storage drives and Cloud storage
or other electronic media are no longer serviceable, they are sanitized
in accordance with NIST guidelines.
RECORD ACCESS PROCEDURES:
See Notification section below.
CONTESTING RECORD PROCEDURES:
See Notification section below.
NOTIFICATION PROCEDURES:
Requests for information regarding an individual's record should be
in writing addressed to the Systems Manager identified above, including
the full name and social security number of the individual. Before
information about any record will be released, the System Manager may
require the individual to provide proof of identity or require the
requester to furnish an authorization from the individual to permit
release of information.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-25380 Filed 11-18-21; 8:45 am]
BILLING CODE 7905-01-P
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</html>Indexed from Federal Register on November 19, 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.