Notice2021-27256
Privacy Act of 1974; System of Records
Primary source
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Published
December 16, 2021
Effective
December 16, 2021
Issuing agencies
Trade and Development Agency
Abstract
Pursuant to the Privacy Act of 1974, the U.S. Trade and Development Agency (USTDA), is publishing a notice of the existence and character of its system of records (SORN) for collecting and maintaining records related to requests for reasonable accommodations, religious accommodations, and medical and religious exceptions to the requirement that federal employees be vaccinated against the coronavirus disease 2019 (COVID-19). The system of records is being established to: Allow USTDA to collect and maintain records on prospective, current, and former employees who request or receive a reasonable accommodation by USTDA; allow USTDA 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 USTDA; allow USTDA to collect and maintain records on vaccinations against COVID-19; allow USTDA to collect and maintain records on prospective, current, and former employees who request an exception to the requirement that federal employees be vaccinated against COVID-19; and preserve and maintain the confidentiality of medical and religious information submitted by or on behalf of applicants or employees requesting an accommodation or exception.
Full Text
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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71534-71536]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27256]
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TRADE AND DEVELOPMENT AGENCY
Privacy Act of 1974; System of Records
AGENCY: Trade and Development Agency.
ACTION: Notice of system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the U.S. Trade and
Development Agency (USTDA), is publishing a notice of the existence and
character of its system of records (SORN) for collecting and
maintaining records related to requests for reasonable accommodations,
religious accommodations, and medical and religious exceptions to the
requirement that federal employees be vaccinated against the
coronavirus disease 2019 (COVID-19). The system of records is being
established to: Allow USTDA to collect and maintain records on
prospective, current, and former employees who request or receive a
reasonable accommodation by USTDA; allow USTDA 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 USTDA; allow USTDA to collect and maintain
records on vaccinations against COVID-19; allow USTDA to collect and
maintain records on prospective, current, and former employees who
request an exception to the requirement that federal employees be
vaccinated against COVID-19; and preserve and maintain the
confidentiality of medical and religious information submitted by or on
behalf of applicants or employees requesting an accommodation or
exception.
DATES: The system is effective upon December 16, 2021.
ADDRESSES: Angelia Vicchiollo, Senior Agency Official for Privacy, U.S.
Trade and Development Agency, 1101 Wilson Blvd., Suite 1100, Arlington,
VA 22209. Email: <a href="/cdn-cgi/l/email-protection#3554435c56565d5c5a59595a7540464151541b525a43"><span class="__cf_email__" data-cfemail="3f5e49565c5c5756505353507f4a4c4b5b5e11585049">[email protected]</span></a>. Telephone: (703) 875-4357.
FOR FURTHER INFORMATION CONTACT: Angelia Vicchiollo, Senior Agency
Official for Privacy, U.S. Trade and Development Agency, 1101 Wilson
Blvd., Suite 1100, Arlington, VA 22209. Email: <a href="/cdn-cgi/l/email-protection#6d0c1b040e0e0504020101022d181e19090c430a021b"><span class="__cf_email__" data-cfemail="ceafb8a7adada6a7a1a2a2a18ebbbdbaaaafe0a9a1b8">[email protected]</span></a>.
Telephone: (703) 875-4357.
SUPPLEMENTARY INFORMATION: On September 9, 2021, President Biden issued
Executive Order 14043, 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. Further, USTDA collects and maintains records
related to requests for reasonable accommodations, in conformity with
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). In order
to meet the requirements of these Executive Orders and the Task Force
recommendations, USTDA is creating this system of records to allow the
collection of information related to reasonable accommodations,
religious accommodations and medical and religious exceptions to the
requirement that federal employees by vaccinated against COVID-19.
System Name and Number:
USTDA-1 Accommodation Request Records.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 71535]]
SYSTEM LOCATION:
The accommodation request files in the system are maintained at
USTDA, 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209.
SYSTEM MANAGER(S):
Matt Cox, Reasonable Accommodation Manager, U.S. Trade and
Development Agency, 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209.
Email: <a href="/cdn-cgi/l/email-protection#2449474b5c6451575040450a434b52"><span class="__cf_email__" data-cfemail="84e9e7ebfcc4f1f7f0e0e5aae3ebf2">[email protected]</span></a>. Telephone: (571) 236-2154.
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); 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); Executive Order 13548, Increasing Federal Employment
of Individuals with Disabilities (July 26, 2010); and Executive Order
14043, Requiring Coronavirus Disease 2019 Vaccination for Federal
Employees (September 9, 2021).
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to facilitate providing different
types of accommodations and exceptions to USTDA employees who meet the
relevant requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include (i) prospective,
current, and former USTDA employees who request reasonable
accommodation for a disability, medical condition, or sincerely held
religious belief, practice, or observance, and (ii) authorized
individuals or representatives (e.g., family members or health
professionals) who file such a request on behalf of a prospective,
current, or former employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system may contain some or all of the following categories of
records: (1) Requests for accommodation, including medical records,
information on religious beliefs and practices, and notes; (2) records
made during consideration of requests; and (3) decisions on requests.
These records may contain one or more of the following types of
information: The employee or applicant's name, email address, mailing
address, phone number, information concerning the nature of the
disability or medical condition and the need for accommodation, medical
information, information concerning the nature of the sincerely held
religious belief, practice, or observation and the need for an
accommodation, details regarding the requested accommodation, any
additional information provided by the employee or applicant related to
processing the request, and whether the accommodation was approved. If
an accommodation request is made by a family member, health
professional, or other representative of a USTDA employee or applicant,
the records may also contain the requestor's name, email address,
mailing address, phone number, and any additional information provided
by the requestor related to processing the request.
RECORD SOURCE CATEGORIES:
Data in this system is obtained from individuals covered by the
system, as well as from health professionals.
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 of USTDA
as a routine use pursuant to 5 U.S.C. 552a (b)(3) as follows:
1. A record may be disclosed as a routine use to a Member of
Congress or his or her staff, when the Member of Congress or his or her
staff requests the information on behalf of, and at the request of, the
individual who is the subject of the record.
2. A record may be disclosed as a routine use to designated
officers and employees of other agencies and departments of the Federal
government having an interest in the subject individual for employment
purposes (including the hiring or retention of any employee; the
issuance of a security clearance; the signing of a contract; or the
issuance of a license, grant, or other benefits by the requesting
agency) to the extent that the information is relevant and necessary to
the requesting agency's decision on the matter involved.
3. In the event that a record in a system of records maintained by
USTDA indicates, either by itself or in combination with other
information in USTDA's possession, a violation or potential violation
of the law (whether civil, criminal, or regulatory in nature, and
whether arising by statute or by regulation, rule, or order issued
pursuant thereto), that record may be referred, as a routine use, to
the appropriate agency, whether Federal, state, local, or foreign,
charged with investigating or prosecuting such violation, or charged
with enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto. Such referral shall be deemed to authorize:
(1) Any and all appropriate and necessary uses of such records in a
court of law or before an administrative board or hearing; and (2) such
other interagency referrals as may be necessary to carry out the
receiving agencies' assigned law enforcement duties.
4. A record may be disclosed as a routine use in the course of
presenting evidence to a court, magistrate, or administrative tribunal
of appropriate jurisdiction, and such disclosure may include
disclosures to opposing counsel in the course of settlement
negotiations.
5. A record may be disclosed as a routine use to a contractor,
expert, or consultant of USTDA (or an office within USTDA) when the
purpose of the release is to perform a survey, audit, or other review
of USTDA's procedures and operations.
6. A record from the system may be disclosed as a routine use to
the National Archives and Records Administration (NARA) as part of
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
7. A record may be disclosed to a contractor, grantee, or other
recipient of Federal funds when the record to be released reflects
serious inadequacies with the recipient's personnel, and disclosure of
the record is for the purpose of permitting the recipient to effect
corrective action in the Federal government's best interest.
8. A record may be disclosed to appropriate agencies, entities, and
persons when (1) USTDA suspects or has confirmed that there has been a
breach of the system of records, (2) USTDA has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, USTDA (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 USTDA's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
9. A record may be disclosed to another Federal agency or Federal
entity, when USTDA determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1)
[[Page 71536]]
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.
10. A record may be disclosed to the Department of Justice when (a)
USTDA, (b) any employee of USTDA in such person's official capacity,
(c) any employee of USTDA in such person's individual capacity where
the Department of Justice has agreed to represent the employee, or (d)
the United States, where USTDA determines that litigation is likely to
affect the agency, in each case, is a party to litigation or has an
interest in such litigation, and the use of such records by the
Department of Justice is deemed by USTDA to be relevant and necessary
to the litigation.
11. A record may be disclosed to a court or adjudicative body
before which USTDA is authorized to appear when (a) USTDA, (b) any
employee of USTDA in such person's official capacity, (c) any employee
of USTDA in such person's individual capacity where USTDA has agreed to
represent the employee, or (d) the United States, where USTDA
determines that litigation is likely to affect the agency, in each
case, is a party to litigation or has an interest in such litigation,
and USTDA determines that use of such records is relevant and necessary
to the litigation.
12. A record may be disclosed to first aid and safety personnel if
the individual's medical condition requires emergency treatment.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and electronic records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in these case files may be retrieved by the employee or
applicant's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
USTDA reasonable accommodation request records are temporary
records and are destroyed in accordance with the disposition
instructions in the NARA Records Schedule (a supplement to the NARA
Files Maintenance and Records Disposition Manual). Individuals may
request a copy of the disposition instructions from the USTDA Senior
Agency Official for Privacy.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
Paper records are maintained in areas accessible only to authorized
USTDA personnel. Electronic records are accessible via a single
computer that requires double-factor authentication to access, and that
is accessible only to the Reasonable Accommodation Manager. After
business hours, buildings have secured doors, and all entrances are
monitored by electronic surveillance equipment.
RECORD ACCESS PROCEDURES:
People who wish to access their records or to determine whether
this system of records contains information about themselves should
submit a request in writing to the Senior Agency Official for Privacy,
U.S. Trade and Development Agency, 1101 Wilson Blvd., Suite 1100,
Arlington, VA 22209. Email: <a href="/cdn-cgi/l/email-protection#69081f000a0a010006050506291c1a1d0d08470e061f"><span class="__cf_email__" data-cfemail="49283f202a2a212026252526093c3a3d2d28672e263f">[email protected]</span></a>.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures.
NOTIFICATION PROCEDURES:
See Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THIS SYTEM:
None.
HISTORY:
None.
Issued in Washington, DC, on December 12, 2021.
Angelia Vicchiollo,
Senior Agency Official for Privacy, U.S. Trade and Development Agency.
[FR Doc. 2021-27256 Filed 12-15-21; 8:45 am]
BILLING CODE 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.