Privacy Act of 1974; System of Records, 73001-73004 [2021-27874]

Download as PDF Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices Veterans’ Employment and Training Service Advisory Committee on Veterans’ Employment, Training and Employer Outreach (ACVETEO): Meeting Veterans’ Employment and Training Service (VETS), Department of Labor (DOL). ACTION: Notice of virtual open meeting. AGENCY: This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the ACVETEO. The ACVETEO will discuss the DOL core programs and services that assist veterans seeking employment and raise employer awareness as to the advantages of hiring veterans. There will be an opportunity for individuals or organizations to address the committee. Any individual or organization that wishes to do so should contact Mr. Gregory Green at ACVETEO@dol.gov. Additional information regarding the Committee, including its charter, current membership list, annual reports, meeting minutes, and meeting updates may be found at https://www.dol.gov/ agencies/vets/about/advisorycommittee. This notice also describes the functions of the ACVETEO. This document is intended to notify the general public. DATES: Thursday, January 27, 2022 beginning at 10:00 a.m. and ending at approximately 12:00 p.m.(EDT). ADDRESSES: This ACVETEO meeting will be held via TEAMS and teleconference. Meeting information will be posted at the link below under the Meeting Updates tab. https:// www.dol.gov/agencies/vets/about/ advisorycommittee Notice of Intent to Attend the Meeting: All meeting participants should submit a notice of intent to attend by Friday, January 14, 2022, via email to Mr. Gregory Green at ACVETEO@dol.gov, subject line ‘‘January 2022 ACVETEO Meeting.’’ Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, and/or materials in alternative format) should notify the Advisory Committee no later than Friday, January 14, 2022 by contacting Mr. Gregory Green at ACVETEO@dol.gov. Requests made after this date will be reviewed, but availability of the requested accommodations cannot be guaranteed. FOR FURTHER INFORMATION CONTACT: Mr. Gregory Green, Designated Federal Official for the ACVETEO, ACVETEO@ dol.gov, (202) 693–4734. jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:50 Dec 22, 2021 The ACVETEO is a Congressionally mandated advisory committee authorized under Title 38, U.S. Code, Section 4110 and subject to the Federal Advisory Committee Act, 5 U.S.C. App. 2, as amended. The ACVETEO is responsible for: Assessing employment and training needs of veterans; determining the extent to which the programs and activities of the U.S. Department of Labor meet these needs; assisting to conduct outreach to employers seeking to hire veterans; making recommendations to the Secretary, through the Assistant Secretary for Veterans’ Employment and Training Service, with respect to outreach activities and employment and training needs of veterans; and carrying out such other activities necessary to make required reports and recommendations. The ACVETEO meets at least quarterly. SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR Jkt 256001 Agenda 10:00 a.m. Welcome and remarks, James Rodriguez, Principal Deputy Assistant Secretary, Veterans’ Employment and Training Service 10:10 a.m. Administrative Business, Gregory Green, Designated Federal Official 10:15 a.m. Discussion and review of Fiscal Year 2021 Annual Report Recommendations Committee Chairman, Darrell Roberts 10:45 a.m. Wounded Warriors and Caregiver Employment Workshop (WWCEW) brief 11:15 a.m. Off-Base Transition Training (OBTT) brief 11:45 a.m. Public Forum, Gregory Green, Designated Federal Official 12:00 p.m. Adjourn Authority: Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act. Signed in Washington, DC, this 17th day of December 2021. James D. Rodriquez, Principal Deputy Assistant Secretary, Veterans’ Employment and Training. [FR Doc. 2021–27806 Filed 12–22–21; 8:45 am] BILLING CODE 4510–79–P MERIT SYSTEMS PROTECTION BOARD Privacy Act of 1974; System of Records AGENCY: U.S. Merit Systems Protection Board. Notice of a New System of Records. ACTION: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 73001 In accordance with the Privacy Act of 1974 (Privacy Act), the U.S. Merit Systems Protection Board (MSPB) proposes to establish a new system of records titled ‘‘MSPB—3, Reasonable Accommodations.’’ This system of records includes information that MSPB collects, maintains, and uses on applicants for employment and employees who request and/or receive reasonable accommodations from MSPB for medical or religious reasons. DATES: Please submit comments on or before January 24, 2022. This new system is effective upon publication in today’s Federal Register, with the exception of the routine uses, which are effective January 24, 2022. ADDRESSES: You may submit written comments to the Office of the Clerk of the Board by email to privacy@mspb.gov or by mail to Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419. All comments must reference ‘‘MSPB—3, Reasonable Accommodations SORN.’’ Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to MSPB’s website (https:// www.mspb.gov) and will include any personal information you provide, such as your name, address, phone number, email address, or any other personally identifying information in your comment or materials. Therefore, any submissions will be made public and without change. FOR FURTHER INFORMATION CONTACT: For general questions or privacy issues, please contact: D. Fon Muttamara, Chief Privacy Officer, Office of the Clerk of the Board, 1615 M Street NW, Washington, DC 20419 at (202) 653– 7200 or privacy@mspb.gov. Please include ‘‘Reasonable Accommodations SORN’’ with your question(s). SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C. 552a, the MSPB proposes to establish a new system of records titled ‘‘MSPB—3, Reasonable Accommodations.’’ This system of records covers MSPB’s collection, maintenance, and use of records on applicants for employment and employees who request or receive reasonable accommodations or other appropriate modifications from MSPB for medical or religious reasons. Title V of the Rehabilitation Act of 1973, as amended, prohibits discrimination in services and employment on the basis of disability, and Title VII of the Civil Rights Act of 1964 prohibits discrimination, including on the basis of religion. These prohibitions on discrimination require SUMMARY: E:\FR\FM\23DEN1.SGM 23DEN1 jspears on DSK121TN23PROD with NOTICES1 73002 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices Federal agencies to provide reasonable accommodations to individuals with disabilities and those with sincerely held religious beliefs unless doing so would impose an undue hardship. In some instances, individuals may request modifications to their workspace, schedule, duties, or other requirements for documented medical reasons that may not qualify as a disability but may necessitate an appropriate modification to workplace policies and practices. In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. Reasonable accommodations on the basis of disability typically fall into the following categories: (1) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for a position; (2) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; and (3) modifications or adjustments that enable a qualified employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly-situated employees without disabilities. Applicants and employees may obtain exceptions to rules or policies in order to follow their religious beliefs or practices, and employers may grant certain accommodations for religious reasons but still refuse to grant them for secular reasons. MSPB’s Office of Equal Employment Opportunity is responsible for processing requests for reasonable accommodations from applicants for employment and employees who seek an accommodation due to a medical or religious reason, as well as processing requests based on documented medical reasons that may not qualify as a disability but that may necessitate an appropriate modification to workplace policies and practices. The request and any related records provided to support the request, any evaluation conducted internally, or by a third party under contract with MSPB, the decision regarding whether to grant or deny a request, and the details and conditions of the reasonable accommodation are all included in this system of records, pursuant to the Privacy Act, which will be included in MSPB’s inventory. The Privacy Act embodies fair information practice principles in a VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 statutory framework governing how Federal agencies collect, maintain, use, and disseminate individuals’ records. The Privacy Act applies to records about individuals that are maintained in a ‘‘system of records.’’ A system of records is a group of any records under the control of an agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. The Privacy Act defines an individual as a United States citizen or lawful permanent resident. Individuals may request access to their own records that are maintained in a system of records in the possession or under the control of MSPB by complying with MSPB Privacy Act regulations at 5 CFR part 1205, and following the procedures outlined in the Records Access, Contesting Record, and Notification Procedures sections of this notice. The Privacy Act requires each agency to publish in the Federal Register a description denoting the existence and character of each system of records that the agency maintains and the routine uses of each system. The new Reasonable Accommodations System of Records Notice is published in its entirety below. In accordance with the Privacy Act, 5 U.S.C. 552a(r), and OMB Circular A–108, ‘‘Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act’’ (Dec. 2016), MSPB has submitted a report of a new system of records to the Office of Management and Budget and Congress. Jennifer Everling, Acting Clerk of the Board, U.S. Merit Systems Protection Board. SYSTEM NAME AND NUMBER: MSPB—3, Reasonable Accommodations. SECURITY CLASSIFICATION: SYSTEM LOCATION: Records are maintained by the Office of Equal Employment Opportunity, U.S. Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419. Records may be located in locked cabinets and offices, on MSPB’s local area network, or in designated U.S. data centers for cloud service providers certified by the Federal Risk and Authorization Management Program or FedRAMP. SYSTEM MANAGER(S): Director of the Office of Equal Employment Opportunity, U.S. Merit Systems Protection Board, 1615 M Frm 00086 Fmt 4703 Sfmt 4703 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 1630 (Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act); 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). PURPOSE(S) OF THE SYSTEM: The purpose of this system of records is to allow MSPB to collect and maintain records on applicants for employment and employees who request or receive reasonable accommodations or other appropriate modifications from MSPB for medical or religious reasons; to process, evaluate, and make decisions on individual requests; and to track and report the processing of such requests MSPB-wide to comply with applicable requirements in law, regulation, and policy, and to maintain the confidentiality of the information provided in support of the accommodation. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Applicants for MSPB employment and former and current MSPB employees who requested and/or received reasonable accommodations or other appropriate modifications from MSPB for medical or religious reasons. CATEGORIES OF RECORDS IN THE SYSTEM: Unclassified. PO 00000 Street NW, Washington, DC 20419, accommodation@mspb.gov. 1. Requester status (applicant or former or current employee); 2. Requester name; 3. Date of request; 4. Employee’s position title, grade, series, step, and agency component; 5. Position title, grade, series, step of the position, and agency component the requester is applying for (if applicable); 6. Requester’s contact information (addresses, phone numbers, and email addresses); 7. Name and contact information of medical professionals or religious or spiritual advisors or institutions; 8. Description of the requester’s medical condition or disability and any medical documentation provided in support of the request; E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices 9. 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; 10. Description of the accommodation being requested; 11. Description of previous requests for accommodation and dispositions; 12. Documentation by an MSPB official concerning whether the disability is obvious, and the accommodation is obvious and uncomplicated, whether medical documentation is required to evaluate the request, whether research is necessary regarding possible accommodations, and any extenuating circumstances that prevent the MSPB official from meeting the relevant timeframe; 13. Whether the request for reasonable accommodation was granted or denied, and if denied the reason(s) for denial; 14. The identity of the decision-maker for the request; 15. The number of days taken to process the request; 16. The sources of technical assistance consulted in trying to identify a possible reasonable accommodation; 17. Any reports or evaluations prepared in determining whether to grant or deny the request; and 18. Any other information collected or developed in connection with the request for a reasonable accommodation. RECORD SOURCE CATEGORIES: Information is obtained from applicants for employment and employees who request and/or receive a reasonable accommodation or other appropriate modification from MSPB, 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. jspears on DSK121TN23PROD with NOTICES1 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 MSPB as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: a. To the Department of Justice (DOJ), including Offices of the U.S. Attorneys; or another Federal agency conducting litigation or in proceedings before any court, adjudicative, or administrative VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 body; another party or potential party or the party’s or potential party’s authorized representative 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) MSPB, or any component thereof; (2) Any employee or former employee of MSPB in his or her official capacity; (3) Any employee or former employee of MSPB in his or her individual capacity where the Department of Justice or MSPB has agreed to represent the employee; or (4) The United States, a Federal agency, or another party in litigation before a court, adjudicative, or administrative body, upon the MSPB General Counsel’s approval, pursuant to 5 CFR part 1216 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 or the White House 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) in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906. e. To appropriate agencies, entities, and persons when (1) MSPB suspects or has confirmed that there has been a breach of the system of records; (2) MSPB has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, MSPB (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 MSPB’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 MSPB 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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 73003 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 MSPB when MSPB 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 MSPB 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 or administrative law judge, equal employment opportunity investigator, arbitrator, or other duly authorized official engaged 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 requests for reasonable accommodation, and to evaluate and report on the agency’s performance responding to requests for 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, medical, and safety personnel if the individual’s medical condition requires emergency treatment. m. To another Federal agency or oversight body charged with evaluating MSPB’s compliance with the laws, regulations, and policies governing reasonable accommodation requests. n. To another Federal agency pursuant to a written agreement with MSPB to provide services (such as medical evaluations), when necessary, in support of reasonable accommodation decisions. E:\FR\FM\23DEN1.SGM 23DEN1 73004 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices EXEMPTIONS PROMULGATED FOR THE SYSTEM: POLICIES AND PRACTICES FOR STORAGE OF RECORDS: None. The records in this system are stored electronically on MSPB’s local area network or with FedRAMP-authorized cloud service providers. Access is limited to a small number of authorized personnel at MSPB. In addition, if paper records exist, they are stored in locked file cabinets in access-restricted offices. POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: RECORD ACCESS PROCEDURES: Individuals seeking notification of and access to their records in this system of records may submit a request in writing to the Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419. Individuals requesting access must comply with MSPB’s Privacy Act regulations regarding verification of identity and access to records (5 CFR part 1205). CONTESTING RECORD PROCEDURES: jspears on DSK121TN23PROD with NOTICES1 MILLENNIUM CHALLENGE CORPORATION Report on the Selection of Eligible Countries for Fiscal Year 2022 Millennium Challenge Corporation. ACTION: Notice. This report is provided in accordance with the Millennium Challenge Act of 2003, as amended. The report is set forth in full below. Authority: Section 608(d)(2) of the Millennium Challenge Act of 2003, as amended, 22 U.S.C. 7707(d)(2) (the Act). SUMMARY: Dated: December 20, 2021. Thomas G. Hohenthaner, Acting VP/General Counsel and Corporate Secretary. Report on the Selection of Eligible Countries for Fiscal Year 2022 Records in the system are protected from unauthorized access and misuse through various administrative, technical, and physical security measures, such as access controls, mandatory security and privacy training, encryption, multi-factor authentication, security guards, and locked offices. Individuals may request that records about them be amended by writing to the Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419. Individuals requesting amendment must follow MSPB’s Privacy Act regulations regarding verification of identity and amendment to records (5 CFR part 1205). NOTIFICATION PROCEDURES: See Record Access Procedures above. Jkt 256001 BILLING CODE 7400–01–P AGENCY: The records maintained in this system of records are subject to NARA General Records Schedule (GRS) 2.3 (Employee Relations Records), Item 20 (Reasonable accommodation case files). NARA GRS 2.3 instructs disposition three 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. 20:50 Dec 22, 2021 None. [FR Doc. 2021–27874 Filed 12–22–21; 8:45 am] [MCC FR 21–13] Records may be retrieved by name or other unique personal identifier. VerDate Sep<11>2014 HISTORY: Summary This report is provided in accordance with section 608(d)(1) of the Millennium Challenge Act of 2003, as amended (the Act) (22 U.S.C. 7707(d)(1)). The Act authorizes the provision of assistance under section 605 of the Act (22 U.S.C. 7704) to countries that enter into compacts with the United States to support policies and programs that advance the progress of such countries in achieving lasting poverty reduction through economic growth, and are in furtherance of the Act. The Act requires the Millennium Challenge Corporation (MCC) to determine the countries that will be eligible to receive assistance for the fiscal year, based on their demonstrated commitment to just and democratic governance, economic freedom, and investing in their people, as well as on the opportunity to reduce poverty through economic growth in the country. The Act also requires the submission of reports to appropriate congressional committees and the publication of notices in the Federal Register that identify, among other things: 1. The countries that are ‘‘candidate countries’’ for assistance for fiscal year (FY) 2022 based on their per-capita income levels and their eligibility to PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 receive assistance under U.S. law, and countries that would be candidate countries, but for specified legal prohibitions on assistance (section 608(a) of the Act (22 U.S.C. 7707(a))); 2. The criteria and methodology that the Board of Directors of MCC (the Board) used to measure and evaluate the policy performance of the ‘‘candidate countries’’ consistent with the requirements of section 607 of the Act in order to determine ‘‘eligible countries’’ from among the ‘‘candidate countries’’ (section 608(b) of the Act (22 U.S.C. 7707(b))); and 3. The list of countries determined by the Board to be ‘‘eligible countries’’ for FY 2022, with justification for eligibility determination and selection for compact negotiation, including with which of the eligible countries the Board will seek to enter into compacts (section 608(d) of the Act (22 U.S.C. 7707(d))). This is the third of the abovedescribed reports by MCC for FY 2022. It identifies countries determined by the Board to be eligible under section 607 of the Act (22 U.S.C. 7706) for FY 2022 with which the MCC will seek to enter into compacts under section 609 of the Act (22 U.S.C. 7708), as well as the justification for such decisions. The report also identifies countries selected by the Board to receive assistance under MCC’s threshold program pursuant to section 616 of the Act (22 U.S.C. 7715). Eligible Countries The Board met on December 14, 2021 to select those eligible countries with which the United States, through MCC, will seek to enter into a Millennium Challenge Compact pursuant to section 607 of the Act (22 U.S.C. 7706). The Board selected the following eligible countries for such assistance for FY 2022: Belize and Zambia. The Board also selected the following previously selected countries for compact assistance for FY 2022: Benin, Burkina Faso, Coˆte d’Ivoire, Indonesia, Lesotho, Malawi, Mozambique, Niger, Sierra Leone, and Timor-Leste. Criteria In accordance with the Act and with the ‘‘Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance in Fiscal Year 2022’’ formally submitted to Congress on September 29, 2021, selection was based primarily on a country’s overall performance in three broad policy categories: Ruling Justly, Encouraging Economic Freedom, and Investing in People. The Board relied, to the fullest extent possible, upon transparent and E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73001-73004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27874]


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MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; System of Records

AGENCY: U.S. Merit Systems Protection Board.

ACTION: Notice of a New System of Records.

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

SUMMARY: In accordance with the Privacy Act of 1974 (Privacy Act), the 
U.S. Merit Systems Protection Board (MSPB) proposes to establish a new 
system of records titled ``MSPB--3, Reasonable Accommodations.'' This 
system of records includes information that MSPB collects, maintains, 
and uses on applicants for employment and employees who request and/or 
receive reasonable accommodations from MSPB for medical or religious 
reasons.

DATES: Please submit comments on or before January 24, 2022. This new 
system is effective upon publication in today's Federal Register, with 
the exception of the routine uses, which are effective January 24, 
2022.

ADDRESSES: You may submit written comments to the Office of the Clerk 
of the Board by email to [email protected] or by mail to Clerk of the 
Board, U.S. Merit Systems Protection Board, 1615 M Street NW, 
Washington, DC 20419. All comments must reference ``MSPB--3, Reasonable 
Accommodations SORN.'' Regardless of the method used for submitting 
comments or material, all submissions will be posted, without change, 
to MSPB's website (https://www.mspb.gov) and will include any personal 
information you provide, such as your name, address, phone number, 
email address, or any other personally identifying information in your 
comment or materials. Therefore, any submissions will be made public 
and without change.

FOR FURTHER INFORMATION CONTACT: For general questions or privacy 
issues, please contact: D. Fon Muttamara, Chief Privacy Officer, Office 
of the Clerk of the Board, 1615 M Street NW, Washington, DC 20419 at 
(202) 653-7200 or [email protected]. Please include ``Reasonable 
Accommodations SORN'' with your question(s).

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C. 
552a, the MSPB proposes to establish a new system of records titled 
``MSPB--3, Reasonable Accommodations.'' This system of records covers 
MSPB's collection, maintenance, and use of records on applicants for 
employment and employees who request or receive reasonable 
accommodations or other appropriate modifications from MSPB for medical 
or religious reasons.
    Title V of the Rehabilitation Act of 1973, as amended, prohibits 
discrimination in services and employment on the basis of disability, 
and Title VII of the Civil Rights Act of 1964 prohibits discrimination, 
including on the basis of religion. These prohibitions on 
discrimination require

[[Page 73002]]

Federal agencies to provide reasonable accommodations to individuals 
with disabilities and those with sincerely held religious beliefs 
unless doing so would impose an undue hardship. In some instances, 
individuals may request modifications to their workspace, schedule, 
duties, or other requirements for documented medical reasons that may 
not qualify as a disability but may necessitate an appropriate 
modification to workplace policies and practices. In general, an 
accommodation is any change in the work environment or in the way 
things are customarily done that enables an individual with a 
disability to enjoy equal employment opportunities. Reasonable 
accommodations on the basis of disability typically fall into the 
following categories: (1) Modifications or adjustments to a job 
application process that enable a qualified applicant with a disability 
to be considered for a position; (2) modifications or adjustments to 
the work environment, or to the manner or circumstances under which the 
position held or desired is customarily performed, that enable a 
qualified individual with a disability to perform the essential 
functions of that position; and (3) modifications or adjustments that 
enable a qualified employee with a disability to enjoy equal benefits 
and privileges of employment as are enjoyed by other similarly-situated 
employees without disabilities. Applicants and employees may obtain 
exceptions to rules or policies in order to follow their religious 
beliefs or practices, and employers may grant certain accommodations 
for religious reasons but still refuse to grant them for secular 
reasons.
    MSPB's Office of Equal Employment Opportunity is responsible for 
processing requests for reasonable accommodations from applicants for 
employment and employees who seek an accommodation due to a medical or 
religious reason, as well as processing requests based on documented 
medical reasons that may not qualify as a disability but that may 
necessitate an appropriate modification to workplace policies and 
practices.
    The request and any related records provided to support the 
request, any evaluation conducted internally, or by a third party under 
contract with MSPB, the decision regarding whether to grant or deny a 
request, and the details and conditions of the reasonable accommodation 
are all included in this system of records, pursuant to the Privacy 
Act, which will be included in MSPB's inventory.
    The Privacy Act embodies fair information practice principles in a 
statutory framework governing how Federal agencies collect, maintain, 
use, and disseminate individuals' records. The Privacy Act applies to 
records about individuals that are maintained in a ``system of 
records.'' A system of records is a group of any records under the 
control of an agency from which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. The Privacy Act 
defines an individual as a United States citizen or lawful permanent 
resident. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of MSPB by complying with MSPB Privacy Act regulations at 5 CFR 
part 1205, and following the procedures outlined in the Records Access, 
Contesting Record, and Notification Procedures sections of this notice. 
The Privacy Act requires each agency to publish in the Federal Register 
a description denoting the existence and character of each system of 
records that the agency maintains and the routine uses of each system. 
The new Reasonable Accommodations System of Records Notice is published 
in its entirety below. In accordance with the Privacy Act, 5 U.S.C. 
552a(r), and OMB Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act'' (Dec. 2016), 
MSPB has submitted a report of a new system of records to the Office of 
Management and Budget and Congress.

Jennifer Everling,
Acting Clerk of the Board, U.S. Merit Systems Protection Board.

SYSTEM NAME AND NUMBER:
    MSPB--3, Reasonable Accommodations.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained by the Office of Equal Employment 
Opportunity, U.S. Merit Systems Protection Board, 1615 M Street NW, 
Washington, DC 20419. Records may be located in locked cabinets and 
offices, on MSPB's local area network, or in designated U.S. data 
centers for cloud service providers certified by the Federal Risk and 
Authorization Management Program or FedRAMP.

SYSTEM MANAGER(S):
    Director of the Office of Equal Employment Opportunity, U.S. Merit 
Systems Protection Board, 1615 M Street NW, Washington, DC 20419, 
[email protected].

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 1630 (Regulations 
To Implement the Equal Employment Provisions of the Americans With 
Disabilities Act); 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).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to allow MSPB to collect 
and maintain records on applicants for employment and employees who 
request or receive reasonable accommodations or other appropriate 
modifications from MSPB for medical or religious reasons; to process, 
evaluate, and make decisions on individual requests; and to track and 
report the processing of such requests MSPB-wide to comply with 
applicable requirements in law, regulation, and policy, and to maintain 
the confidentiality of the information provided in support of the 
accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for MSPB employment and former and current MSPB 
employees who requested and/or received reasonable accommodations or 
other appropriate modifications from MSPB for medical or religious 
reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Requester status (applicant or former or current employee);
    2. Requester name;
    3. Date of request;
    4. Employee's position title, grade, series, step, and agency 
component;
    5. Position title, grade, series, step of the position, and agency 
component the requester is applying for (if applicable);
    6. Requester's contact information (addresses, phone numbers, and 
email addresses);
    7. Name and contact information of medical professionals or 
religious or spiritual advisors or institutions;
    8. Description of the requester's medical condition or disability 
and any medical documentation provided in support of the request;

[[Page 73003]]

    9. 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;
    10. Description of the accommodation being requested;
    11. Description of previous requests for accommodation and 
dispositions;
    12. Documentation by an MSPB official concerning whether the 
disability is obvious, and the accommodation is obvious and 
uncomplicated, whether medical documentation is required to evaluate 
the request, whether research is necessary regarding possible 
accommodations, and any extenuating circumstances that prevent the MSPB 
official from meeting the relevant timeframe;
    13. Whether the request for reasonable accommodation was granted or 
denied, and if denied the reason(s) for denial;
    14. The identity of the decision-maker for the request;
    15. The number of days taken to process the request;
    16. The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
    17. Any reports or evaluations prepared in determining whether to 
grant or deny the request; and
    18. Any other information collected or developed in connection with 
the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from applicants for employment and 
employees who request and/or receive a reasonable accommodation or 
other appropriate modification from MSPB, 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) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside MSPB as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys; or another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party or potential party or the party's or potential party's 
authorized representative 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) MSPB, or any component thereof;
    (2) Any employee or former employee of MSPB in his or her official 
capacity;
    (3) Any employee or former employee of MSPB in his or her 
individual capacity where the Department of Justice or MSPB has agreed 
to represent the employee; or
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the MSPB General Counsel's approval, pursuant to 5 CFR part 1216 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 or the White House 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) in 
records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    e. To appropriate agencies, entities, and persons when (1) MSPB 
suspects or has confirmed that there has been a breach of the system of 
records; (2) MSPB has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, MSPB 
(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 MSPB'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 MSPB 
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 MSPB when MSPB 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 MSPB 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 or administrative law judge, equal 
employment opportunity investigator, arbitrator, or other duly 
authorized official engaged 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 requests for reasonable accommodation, 
and to evaluate and report on the agency's performance responding to 
requests for 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, medical, and safety personnel if the individual's 
medical condition requires emergency treatment.
    m. To another Federal agency or oversight body charged with 
evaluating MSPB's compliance with the laws, regulations, and policies 
governing reasonable accommodation requests.
    n. To another Federal agency pursuant to a written agreement with 
MSPB to provide services (such as medical evaluations), when necessary, 
in support of reasonable accommodation decisions.

[[Page 73004]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system are stored electronically on MSPB's 
local area network or with FedRAMP-authorized cloud service providers. 
Access is limited to a small number of authorized personnel at MSPB. In 
addition, if paper records exist, they are stored in locked file 
cabinets in access-restricted offices.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name or other unique personal 
identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records maintained in this system of records are subject to 
NARA General Records Schedule (GRS) 2.3 (Employee Relations Records), 
Item 20 (Reasonable accommodation case files). NARA GRS 2.3 instructs 
disposition three 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.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in the system are protected from unauthorized access and 
misuse through various administrative, technical, and physical security 
measures, such as access controls, mandatory security and privacy 
training, encryption, multi-factor authentication, security guards, and 
locked offices.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may submit a request in writing to the Office of 
the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M 
Street NW, Washington, DC 20419. Individuals requesting access must 
comply with MSPB's Privacy Act regulations regarding verification of 
identity and access to records (5 CFR part 1205).

CONTESTING RECORD PROCEDURES:
    Individuals may request that records about them be amended by 
writing to the Office of the Clerk of the Board, U.S. Merit Systems 
Protection Board, 1615 M Street NW, Washington, DC 20419. Individuals 
requesting amendment must follow MSPB's Privacy Act regulations 
regarding verification of identity and amendment to records (5 CFR part 
1205).

NOTIFICATION PROCEDURES:
    See Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-27874 Filed 12-22-21; 8:45 am]
BILLING CODE 7400-01-P


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