Privacy Act of 1974; System of Records, 71534-71536 [2021-27256]

Agencies

• Trade and Development Agency

[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71534-71536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected]. 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: [email protected]. 
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: [email protected]. 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: [email protected].

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]
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