Notice2021-28222
Privacy Act of 1974; New System of Records
Primary source
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Published
December 28, 2021
Effective
February 7, 2022
Issuing agencies
Federal Election Commission
Abstract
In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Federal Election Commission ("the FEC" or "the Commission" or "the agency") is publishing for comment a new system of records that is maintained by the Commission. This new system has been entitled FEC 17, Reasonable Accommodation. This system has been proposed as a result of a reevaluation of the manner in which the Commission maintains records.
Full Text
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<title>Federal Register, Volume 86 Issue 246 (Tuesday, December 28, 2021)</title>
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[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73767-73770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28222]
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FEDERAL ELECTION COMMISSION
[Notice 2021-19]
Privacy Act of 1974; New System of Records
AGENCY: Federal Election Commission.
ACTION: Notice of new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Federal Election Commission (``the FEC'' or ``the
Commission'' or ''the agency'') is publishing for comment a new system
of records that is maintained by the Commission. This new system has
been entitled FEC 17, Reasonable Accommodation. This system has been
proposed as a result of a reevaluation of the manner in which the
Commission maintains records.
DATES: Comment on the establishment of the new system of records must
be received no later than January 27, 2022. The new system of records
will be effective February 7, 2022 unless the Commission receives
comments that would result in a contrary determination.
ADDRESSES: Comments should be addressed in writing to Gregory Baker,
Co-Chief Privacy Officer, Federal Election Commission, 1050 First
Street NE, Washington, DC 20463, by close of business on January 27,
2022.
FOR FURTHER INFORMATION CONTACT: Gregory Baker, Co-Chief Privacy
Officer, Federal Election Commission, (202) 694-1612.
SUPPLEMENTARY INFORMATION: The Privacy Act regulates the collection,
maintenance, use and dissemination of information about individuals by
Federal agencies. Its basic rule generally prohibits the disclosure of
any individual's ``record,'' if contained in a ``system of records'' to
a third party without the individual's consent. See 5 U.S.C. 552a(b). A
``system of records'' is any group of records in which records can be
retrieved by the individual's name, or by a unique identifier assigned
to the individual. See 5 U.S.C. 552a(a)(5).
There are a number of exceptions to the basic rule of nondisclosure
without consent. Among them is an exception that permits nonconsensual
disclosure
[[Page 73768]]
for a ``routine use''--that is, a use compatible with the purposes for
which the record was collected. 5 U.S.C. 552a(b)(3). Individuals are
also, again with exceptions, guaranteed access to their records, and
the right to request amendment of their records if they believe the
records are inaccurate. See generally 5 U.S.C. 552a(d). To facilitate
these provisions, each agency must periodically review its systems of
records and publish a notice in the Federal Register containing certain
specified information about them. The FEC has undertaken and completed
such a review and determined that the FEC needed to establish a
Reasonable Accommodation system of records.
The FEC proposes to establish the system of records entitled FEC
17, Reasonable Accommodations. FEC 17 would cover documents collected
and maintained by the Equal Employment Opportunity (``EEO'') Office at
the Federal Election Commission. These records would be collected under
the authority of 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 1614.203
(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); Americans
with Disabilities Act Amendments Act (ADAAA) of 2008; and Executive
Order 13548, Increasing Federal Employment of Individuals with
Disabilities (July 26, 2010).
As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as
amended, and OMB Circular A-130, the FEC has submitted a report
describing the new and altered systems of records covered by this
notice to the Office of Management and Budget and to Congress.
Dated: December 21, 2021.
On behalf of the Commission,
Gregory Baker,
Co-Chief Privacy Officer, Federal Election Commission.
FEC 17: Reasonable Accommodations
SYSTEM NAME:
Reasonable Accommodations for the Federal Election Commission
(FEC); FEC-17.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATION:
Records are maintained by the Equal Employment Opportunity
(``EEO'') Office at the Federal Election Commission, 1050 1st St. NE,
Washington, DC 20463.
SYSTEM MANAGER(S):
EEO Director, EEO Office at the Federal Election Commission, 1050
1st St. NE, Washington, DC 20463.
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 1614.203
(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); Americans
with Disabilities Act Amendments Act (ADAAA) of 2008; and Executive
Order 13548, Increasing Federal Employment of Individuals with
Disabilities (July 26, 2010).
PURPOSE(S):
The purpose of this system of records is to allow FEC to collect
and maintain records on applicants for employment, employees and other
individuals who participate in FEC programs or activities who request
or receive reasonable accommodations or other appropriate modifications
from FEC for medical or religious reasons; to process, evaluate, and
make decisions on individual requests; and to track and report the
processing of such requests agency-wide to comply with applicable
requirements in law and policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former FEC employees (including unpaid interns and
other similarly situated individuals), and prospective employees of the
FEC, who make a request for and/or receive a reasonable accommodation
or other appropriate modifications from the FEC for a disability or
sincerely held religious belief, practice, or observance.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include identifying information regarding
persons needing a reasonable accommodation (e.g., name, title/series/
grade, telephone number, date of request, email address, office,
description of accommodation requested, and reason for request);
requester's name and contact information (if different than the
employee or prospective employee who needs an accommodation); and the
status of the response within the FEC. Records in this system may
include: The original written request; the FEC's response; the name,
title and telephone number of office or staff members deciding or
referring the matter; related letters or memoranda; copies of any
enclosures/attachments, including medical records or information
related to religious belief and exemption; the date an accommodation
request was approved or denied; the reason a request was denied; the
date an accommodation was provided; whether the recommended time frames
were met as outlined in the Reasonable Accommodation Procedures; the
reason the reasonable accommodation was needed; the type(s) of
reasonable accommodation requested; the type(s) of accommodation
provided; the source of technical assistance; whether medical or other
appropriate supporting information was required to process the request,
and if so, an explanation of why it was required; and other request-
related information.
RECORD SOURCE CATEGORIES:
Information is obtained from the individuals who request and/or
receive a reasonable accommodation or other appropriate modification
from OPM, 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.
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), these records and information contained in the records may be
disclosed outside of the FEC as a routine use pursuant to subsection
(b)(3) of the Privacy Act as follows:
A. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of an
individual who is the subject of the record.
B. To the General Services Administration and National Archives and
Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
C. Where a record, either on its face or in conjunction with other
[[Page 73769]]
information, indicates a violation or potential violation of law, to
any civil or criminal law enforcement authority or other appropriate
agency, whether federal, state, local, foreign, or tribal, charged with
the responsibility of investigating or prosecuting such a violation or
enforcing or implementing a statute, rule, regulation, or order.
D. In an appropriate proceeding before a court, grand jury, or
administrative or regulatory body when records are determined by the
FEC to be arguably relevant to the proceeding.
E. To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
on such matters as settlement, plea bargaining, or in informal
discovery proceedings.
F. To a federal agency or entity that requires information relevant
to a decision concerning the hiring, appointment, or retention of an
employee, the issuance of a security clearance, the conduct of a
security or suitability investigation, or pursuit of other appropriate
personnel matter.
G. 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, 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 FEC employees.
H. To a former employee of the FEC for purposes of: Responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority, in accordance with applicable FEC
regulations; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the FEC requires information and/or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
I. To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
J. A record from this system may be disclosed to the Office of
Management and Budget (OMB), Department of Labor (DOL), Office of
Personnel Management (OPM), Equal Employment Opportunity Commission
(EEOC), Office of Special Counsel (OSC) or the Department of Justice
(DOJ), or other agencies to obtain advice regarding statutory,
regulatory, policy, and other requirements related to reasonable
accommodation.
K. A record from this system 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
accommodation.
L. A record from this system of records may be disclosed as a
routine use to provide information to the OPM and/or MSPB for review,
audit, or reporting purposes.
M. To appropriate agencies, entities, and persons when (1) the FEC
suspects or has confirmed that there has been a breach of the system of
records; (2) the FEC has determined that as a result of the suspected
or confirmed breach, there is a risk of harm to individuals, FEC
(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 the FEC's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
N. To another Federal agency or Federal entity, when the FEC
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.
O. To first aid and safety personnel if the individual's medical
condition requires emergency treatment.
P. To a Federal agency or entity authorized to procure assistive
technologies and services in response to a request for reasonable
accommodation
Q. 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
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records in this system of records are stored electronically on
the FEC's local area network or with 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 at 1050 1st
St. NE, Washington, DC 20463.
RETRIEVABILITY:
The records are retrieved by the name of the individual making a
request for reasonable accommodation or for whom the accommodation was
requested (if different than the individual making the request); in the
case of electronic databases, information may possibly be retrieved by
other identifying search terms.
SAFEGUARDS:
Records in this system of records are under the custody of
designated employees of the Commission. Paper records are kept in
locked file cabinets. All electronic records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include the application of
appropriate access control mechanisms to ensure the confidentiality,
integrity, and availability of those records and that they are only
accessed by those with a need to know and dictated by their official
duties. In general, records and technical equipment are maintained in
buildings with restricted access.
RETENTION AND DISPOSAL:
Records are retained under the NARA's General Records Schedule 2.3:
Employee Relations Records, Item 020, Reasonable accommodation records,
Reasonable accommodation program files, and Item 021, Reasonable
accommodation employee case files. Destroy 3 years after being
superseded, but longer retention is authorized if required for business
use (Item 020). Destroy 3 years after employee separation from the
agency or all appeals are concluded, whichever is later, but longer
retention is authorized if required for business use (Item 021).
NOTIFICATION PROCEDURE:
A request for notification of the existence of records may be made
in person or in writing to the Federal Election Commission, Attn: Co-
Chief Privacy Officers, 1050 1st St. NE, Washington, DC 20463, or by
emailing <a href="/cdn-cgi/l/email-protection#4e3e3c27382f2d370e282b2d60292138"><span class="__cf_email__" data-cfemail="9aeae8f3ecfbf9e3dafcfff9b4fdf5ec">[email protected]</span></a>. For additional information, refer to the
Commission's access regulations at 11 CFR parts 1.1-1.5, 41 FR 43064
(1976).
RECORD ACCESS PROCEDURES:
An individual interested in gaining access to a record pertaining
to them must make a request in writing addressed to the Federal
Election
[[Page 73770]]
Commission, Attn: Co-Chief Privacy Officers, 1050 1st St. NE,
Washington, DC 20463, or by emailing <a href="/cdn-cgi/l/email-protection#addddfc4dbccced4edcbc8ce83cac2db"><span class="__cf_email__" data-cfemail="38484a514e595b41785e5d5b165f574e">[email protected]</span></a>. The envelope and
letter should be clearly marked ``Privacy Act Access Request.'' The
request should include a general description of the records sought must
be signed and must include the requestor's full name, current address,
reason the requester believes the records contains their PII, and date.
For additional information, refer to the Commission's access
regulations at 11 CFR parts 1.1-1.5, 41 FR 43064 (1976).
CONTESTING RECORD PROCEDURES:
Individuals interested in contesting the information contained in
their records or the denial of access to such information should notify
the Co-Chief Privacy Officers at the Federal Election Commission, 1050
1st St. NE, Washington, DC 20463. For additional information, refer to
the Commission's regulations for contesting initial denials for access
to or amendment of records, 11 CFR parts 1.7-1.9, 41 FR 43064 (1976).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-28222 Filed 12-27-21; 8:45 am]
BILLING CODE 6715-01-P
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</html>Indexed from Federal Register on December 28, 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.