Privacy Act of 1974; System of Records, 63426-63428 [2021-24905]

Agencies

• Pension Benefit Guaranty Corporation

[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63426-63428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24905]


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PENSION BENEFIT GUARANTY CORPORATION


Privacy Act of 1974; System of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 the Pension Benefit 
Guaranty Corporation (PBGC) is proposing changes to one system of 
records notice (SORN). PBGC is proposing to amend PBGC 21--Reasonable 
Accommodation Records. The amendment will expand 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 sincerely held religious beliefs, practices, or 
observances.

[[Page 63427]]


DATES: The modified system of records described herein will become 
effective November 16, 2021.

ADDRESSES: You may submit written comments to PBGC by any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the website instructions for submitting comments.
     Email: [email protected]. Refer to SORN in the subject 
line.
     Mail or Hand Delivery: Regulatory Affairs Division, Office 
of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street NW, Washington, DC 20005.
    Commenters are strongly encouraged to submit public comments 
electronically. PBGC 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 (Pension Benefit 
Guaranty Corporation, or PBGC) and reference this notice. Comments 
received will be posted without change to PBGC's website, https://www.pbgc.gov, 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 Disclosure Division, Office of the General 
Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, 
Washington, DC 20005, or calling 202-326-4040 during normal business 
hours. (TTY users may call the Federal relay service toll-free at 1-
800-877-8339 and ask to be connected to 202-326-4040.)

FOR FURTHER INFORMATION CONTACT: Shawn Hartley, Chief Privacy Officer, 
Pension Benefit Guaranty Corporation, Office of the General Counsel, 
1200 K Street NW, Washington, DC 20005, 202-229-6321. For access to any 
of the PBGC's systems of records, contact D. Camilla Perry, Disclosure 
Officer, Office of the General Counsel, Disclosure Division, 1200 K 
Street NW, Washington DC 20005, or by calling 202-229-4040, or go to 
https://www.pbgc.gov/about/policies/pg/privacy-at-pbgc/system-of-records-notices.

SUPPLEMENTARY INFORMATION: PBGC is proposing to amend 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 
PBGC 21--Reasonable Accommodation Records.
    PBGC is updating the Authority for Maintenance of the System by 
adding citations to ``42 U.S.C. 2000e et seq., 42 U.S.C. 2000bb et 
seq.'' and adding Chapter 21 from Title 42 of the United States Code 
and Parts 1605 and 1614 from Title 29 of the Code of Federal 
Regulations. PBGC is expanding the one of the purposes of the system to 
allow PBGC to maintain records on individuals who requested or received 
reasonable accommodation by PBGC because of religious beliefs. PBGC is 
expanding the Categories of Records Contained in the System to include 
information concerning the individual's religious belief. PBGC is 
expanding the Categories of Individuals Covered by the System by adding 
the words ``or religious belief, practice or observance'' to include 
accommodation requests based on sincerely held religious beliefs and 
adding ``equal employment opportunity professionals'' to Record Source 
Categories. PBGC is also adding the citation to 29 CFR 4902.5 to the 
Contesting Records Procedures section and a Federal Register citation 
to PBGC's Prefatory Statement on Routine Uses to Routine Use 1. 
Additionally, upon review, it was noticed that the Routine Uses and the 
Record Access Procedures sections contained typographical errors. PBGC 
is amending the Privacy Act citation, changing it from 5 U.S.C. 522a(b) 
to 5 U.S.C. 552a(b) and fixing an erroneous reference from ``CRF'' to 
``CFR.''
    A report has been sent to Congress and the Office of Management and 
Budget for their evaluation.
    For the convenience of the public, PBGC's amended system of records 
is published in full below with changes italicized.

    Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.

SYSTEM NAME AND NUMBER:
    PBGC--21: Reasonable Accommodation Records

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, 
DC 20005. (Records may be kept at an additional location as backup for 
continuity of operations.)

SYSTEM MANAGER(S) AND ADDRESS:
    Reasonable Accommodations Coordinator, Human Resources Department, 
PBGC, 1200 K Street NW, Washington, DC 20005.

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 PBGC to collect and 
maintain records on prospective, current, and former employees with 
disabilities or sincerely held religious beliefs, practices, or 
observances who requested or received reasonable accommodation by PBGC; 
(2) to track and report the processing of requests for reasonable 
accommodation PBGC-wide to comply with applicable law and regulations; 
and (3) to maintain the confidentiality of medical or religious 
information submitted by or on behalf of applicants or employees 
requesting reasonable accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Prospective, current, and former employees of PBGC who request and/
or receive a reasonable accommodation for a disability 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 a prospective, current, or former employee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name and employment information of current or prospective employee 
needing an accommodation; requester's name and contact information (if 
different than the 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; essential duties 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 religious belief, 
practice, or observance,

[[Page 63428]]

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 
employee and his/her supervisor(s) regarding the accommodation.

RECORD SOURCE CATEGORIES:
    Subject individuals; individual making the request (if different 
than the subject individuals); medical and equal employment opportunity 
professionals; and the subject individuals' supervisor(s).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about covered individuals may be disclosed without 
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
    1. General Routine Uses G1 through G14 apply to this system of 
records (see Prefatory Statement of General Routine Uses at 83 FR 6247 
(Feb. 13, 2018)).
    2. 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.
    3. A record from this system 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.
    4. 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), or Office of Special Counsel (OSC) to obtain advice regarding 
statutory, regulatory, policy, and other requirements related to 
reasonable accommodation.
    5. A record from this system may be disclosed to appropriate third-
parties contracted by the Agency to facilitate mediation or other 
dispute resolution procedures or programs.
    6. A record from this system may be disclosed to the Department of 
Defense (DOD) for purposes of procuring assistive technologies and 
services through the Computer/Electronic Accommodation Program in 
response to a request for reasonable accommodation.

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 a PBGC or a contractor- hosted network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by any one or more of the following: 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 PBGC records disposition 
schedule approved by NARA. Records existing on paper are destroyed 
beyond recognition.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    PBGC 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 protected electronic system that utilizes security 
hardware and software to include multiple firewalls, active intruder 
detection, and role-based access controls. PBGC has adopted appropriate 
administrative, technical, and physical controls in accordance with 
PBGC'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 29 CFR 4902.4 or to amend records pertaining to themselves in 
accordance with 29 CFR 4902.5, should submit a written request to the 
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005, 
providing their name, address, date of birth, and verification of their 
identity in accordance with 29 CFR 4902.3(c).

CONTESTING RECORD PROCEDURES:
    Individuals, or third parties with written authorization from the 
individual, wishing to amend, in accordance with 29 CFR 4902.5, their 
records 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 
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005, 
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:
    PBGC--21, Reasonable Accommodation Records (last published at 83 FR 
6271 (February 13, 2018)).

[FR Doc. 2021-24905 Filed 11-15-21; 8:45 am]
BILLING CODE 7709-02-P