Privacy Act of 1974; System of Records, 63377-63380 [2021-24924]

Agencies

• Export-Import Bank

[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63377-63380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24924]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the website instructions for submitting comments.
     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, https://www.exim.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 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 (exim.gov).

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