Privacy Act of 1974; New System of Records, 73767-73770 [2021-28222]

Agencies

• Federal Election Commission

[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73767-73770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28222]


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FEDERAL ELECTION COMMISSION

[Notice 2021-19]


Privacy Act of 1974; New System of Records

AGENCY: Federal Election Commission.

ACTION: Notice of new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 
U.S.C. 552a, the Federal Election Commission (``the FEC'' or ``the 
Commission'' or ''the agency'') is publishing for comment a new system 
of records that is maintained by the Commission. This new system has 
been entitled FEC 17, Reasonable Accommodation. This system has been 
proposed as a result of a reevaluation of the manner in which the 
Commission maintains records.

DATES: Comment on the establishment of the new system of records must 
be received no later than January 27, 2022. The new system of records 
will be effective February 7, 2022 unless the Commission receives 
comments that would result in a contrary determination.

ADDRESSES: Comments should be addressed in writing to Gregory Baker, 
Co-Chief Privacy Officer, Federal Election Commission, 1050 First 
Street NE, Washington, DC 20463, by close of business on January 27, 
2022.

FOR FURTHER INFORMATION CONTACT: Gregory Baker, Co-Chief Privacy 
Officer, Federal Election Commission, (202) 694-1612.

SUPPLEMENTARY INFORMATION: The Privacy Act regulates the collection, 
maintenance, use and dissemination of information about individuals by 
Federal agencies. Its basic rule generally prohibits the disclosure of 
any individual's ``record,'' if contained in a ``system of records'' to 
a third party without the individual's consent. See 5 U.S.C. 552a(b). A 
``system of records'' is any group of records in which records can be 
retrieved by the individual's name, or by a unique identifier assigned 
to the individual. See 5 U.S.C. 552a(a)(5).
    There are a number of exceptions to the basic rule of nondisclosure 
without consent. Among them is an exception that permits nonconsensual 
disclosure

[[Page 73768]]

for a ``routine use''--that is, a use compatible with the purposes for 
which the record was collected. 5 U.S.C. 552a(b)(3). Individuals are 
also, again with exceptions, guaranteed access to their records, and 
the right to request amendment of their records if they believe the 
records are inaccurate. See generally 5 U.S.C. 552a(d). To facilitate 
these provisions, each agency must periodically review its systems of 
records and publish a notice in the Federal Register containing certain 
specified information about them. The FEC has undertaken and completed 
such a review and determined that the FEC needed to establish a 
Reasonable Accommodation system of records.
    The FEC proposes to establish the system of records entitled FEC 
17, Reasonable Accommodations. FEC 17 would cover documents collected 
and maintained by the Equal Employment Opportunity (``EEO'') Office at 
the Federal Election Commission. These records would be collected under 
the authority of The Rehabilitation Act of 1973, 29 U.S.C. 701, 791, 
794; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e; 29 CFR 
1605 (Guidelines on Discrimination Because of Religion); 29 CFR 1614 
(Federal Sector Equal Employment Opportunity); 29 CFR 1614.203 
(Regulations to Implement the Equal Employment Provisions of the 
Americans With Disabilities Act); 5 U.S.C. 302, 1103; Executive Order 
13164, Requiring Federal Agencies to Establish Procedures to Facilitate 
the Provision of Reasonable Accommodation (July 26, 2000); Americans 
with Disabilities Act Amendments Act (ADAAA) of 2008; and Executive 
Order 13548, Increasing Federal Employment of Individuals with 
Disabilities (July 26, 2010).
    As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as 
amended, and OMB Circular A-130, the FEC has submitted a report 
describing the new and altered systems of records covered by this 
notice to the Office of Management and Budget and to Congress.

    Dated: December 21, 2021.

    On behalf of the Commission,
Gregory Baker,
Co-Chief Privacy Officer, Federal Election Commission.

FEC 17: Reasonable Accommodations
SYSTEM NAME:
    Reasonable Accommodations for the Federal Election Commission 
(FEC); FEC-17.

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Records are maintained by the Equal Employment Opportunity 
(``EEO'') Office at the Federal Election Commission, 1050 1st St. NE, 
Washington, DC 20463.

SYSTEM MANAGER(S):
    EEO Director, EEO Office at the Federal Election Commission, 1050 
1st St. NE, Washington, DC 20463.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act of 1973, 29 U.S.C. 701, 791, 794; Title VII 
of the Civil Rights Act of 1964, 42 U.S.C. 2000e; 29 CFR 1605 
(Guidelines on Discrimination Because of Religion); 29 CFR 1614 
(Federal Sector Equal Employment Opportunity); 29 CFR 1614.203 
(Regulations to Implement the Equal Employment Provisions of the 
Americans With Disabilities Act); 5 U.S.C. 302, 1103; Executive Order 
13164, Requiring Federal Agencies to Establish Procedures to Facilitate 
the Provision of Reasonable Accommodation (July 26, 2000); Americans 
with Disabilities Act Amendments Act (ADAAA) of 2008; and Executive 
Order 13548, Increasing Federal Employment of Individuals with 
Disabilities (July 26, 2010).

PURPOSE(S):
    The purpose of this system of records is to allow FEC to collect 
and maintain records on applicants for employment, employees and other 
individuals who participate in FEC programs or activities who request 
or receive reasonable accommodations or other appropriate modifications 
from FEC for medical or religious reasons; to process, evaluate, and 
make decisions on individual requests; and to track and report the 
processing of such requests agency-wide to comply with applicable 
requirements in law and policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former FEC employees (including unpaid interns and 
other similarly situated individuals), and prospective employees of the 
FEC, who make a request for and/or receive a reasonable accommodation 
or other appropriate modifications from the FEC for a disability or 
sincerely held religious belief, practice, or observance.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include identifying information regarding 
persons needing a reasonable accommodation (e.g., name, title/series/
grade, telephone number, date of request, email address, office, 
description of accommodation requested, and reason for request); 
requester's name and contact information (if different than the 
employee or prospective employee who needs an accommodation); and the 
status of the response within the FEC. Records in this system may 
include: The original written request; the FEC's response; the name, 
title and telephone number of office or staff members deciding or 
referring the matter; related letters or memoranda; copies of any 
enclosures/attachments, including medical records or information 
related to religious belief and exemption; the date an accommodation 
request was approved or denied; the reason a request was denied; the 
date an accommodation was provided; whether the recommended time frames 
were met as outlined in the Reasonable Accommodation Procedures; the 
reason the reasonable accommodation was needed; the type(s) of 
reasonable accommodation requested; the type(s) of accommodation 
provided; the source of technical assistance; whether medical or other 
appropriate supporting information was required to process the request, 
and if so, an explanation of why it was required; and other request-
related information.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals who request and/or 
receive a reasonable accommodation or other appropriate modification 
from OPM, directly or indirectly from an individual's medical provider 
or another medical professional who evaluates the request, directly or 
indirectly from an individual's religious or spiritual advisors or 
institutions, and from management officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), these records and information contained in the records may be 
disclosed outside of the FEC as a routine use pursuant to subsection 
(b)(3) of the Privacy Act as follows:
    A. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of an 
individual who is the subject of the record.
    B. To the General Services Administration and National Archives and 
Records Administration in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906.
    C. Where a record, either on its face or in conjunction with other

[[Page 73769]]

information, indicates a violation or potential violation of law, to 
any civil or criminal law enforcement authority or other appropriate 
agency, whether federal, state, local, foreign, or tribal, charged with 
the responsibility of investigating or prosecuting such a violation or 
enforcing or implementing a statute, rule, regulation, or order.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or regulatory body when records are determined by the 
FEC to be arguably relevant to the proceeding.
    E. To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    F. To a federal agency or entity that requires information relevant 
to a decision concerning the hiring, appointment, or retention of an 
employee, the issuance of a security clearance, the conduct of a 
security or suitability investigation, or pursuit of other appropriate 
personnel matter.
    G. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to FEC employees.
    H. To a former employee of the FEC for purposes of: Responding to 
an official inquiry by a federal, state, or local government entity or 
professional licensing authority, in accordance with applicable FEC 
regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the FEC requires information and/or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    I. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.
    J. A record from this system may be disclosed to the Office of 
Management and Budget (OMB), Department of Labor (DOL), Office of 
Personnel Management (OPM), Equal Employment Opportunity Commission 
(EEOC), Office of Special Counsel (OSC) or the Department of Justice 
(DOJ), or other agencies to obtain advice regarding statutory, 
regulatory, policy, and other requirements related to reasonable 
accommodation.
    K. A record from this system may be disclosed to physicians or 
other medical professionals to provide them with or obtain from them 
the necessary medical documentation and/or certification for reasonable 
accommodation.
    L. A record from this system of records may be disclosed as a 
routine use to provide information to the OPM and/or MSPB for review, 
audit, or reporting purposes.
    M. To appropriate agencies, entities, and persons when (1) the FEC 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the FEC has determined that as a result of the suspected 
or confirmed breach, there is a risk of harm to individuals, FEC 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the FEC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    N. To another Federal agency or Federal entity, when the FEC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    O. To first aid and safety personnel if the individual's medical 
condition requires emergency treatment.
    P. To a Federal agency or entity authorized to procure assistive 
technologies and services in response to a request for reasonable 
accommodation
    Q. To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official engages in 
investigation or settlement of a grievance, complaint, or appeal filed 
by an individual who requested a reasonable accommodation or other 
appropriate modification

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The records in this system of records are stored electronically on 
the FEC's local area network or with FedRAMP-authorized cloud service 
providers segregated from non-government traffic and data, with access 
limited to a small number of personnel. In addition, paper records are 
stored in locked file cabinets in access-restricted offices at 1050 1st 
St. NE, Washington, DC 20463.

RETRIEVABILITY:
    The records are retrieved by the name of the individual making a 
request for reasonable accommodation or for whom the accommodation was 
requested (if different than the individual making the request); in the 
case of electronic databases, information may possibly be retrieved by 
other identifying search terms.

SAFEGUARDS:
    Records in this system of records are under the custody of 
designated employees of the Commission. Paper records are kept in 
locked file cabinets. All electronic records are protected from 
unauthorized access through appropriate administrative, physical, and 
technical safeguards. These safeguards include the application of 
appropriate access control mechanisms to ensure the confidentiality, 
integrity, and availability of those records and that they are only 
accessed by those with a need to know and dictated by their official 
duties. In general, records and technical equipment are maintained in 
buildings with restricted access.

RETENTION AND DISPOSAL:
    Records are retained under the NARA's General Records Schedule 2.3: 
Employee Relations Records, Item 020, Reasonable accommodation records, 
Reasonable accommodation program files, and Item 021, Reasonable 
accommodation employee case files. Destroy 3 years after being 
superseded, but longer retention is authorized if required for business 
use (Item 020). Destroy 3 years after employee separation from the 
agency or all appeals are concluded, whichever is later, but longer 
retention is authorized if required for business use (Item 021).

NOTIFICATION PROCEDURE:
    A request for notification of the existence of records may be made 
in person or in writing to the Federal Election Commission, Attn: Co-
Chief Privacy Officers, 1050 1st St. NE, Washington, DC 20463, or by 
emailing [email protected]. For additional information, refer to the 
Commission's access regulations at 11 CFR parts 1.1-1.5, 41 FR 43064 
(1976).

RECORD ACCESS PROCEDURES:
    An individual interested in gaining access to a record pertaining 
to them must make a request in writing addressed to the Federal 
Election

[[Page 73770]]

Commission, Attn: Co-Chief Privacy Officers, 1050 1st St. NE, 
Washington, DC 20463, or by emailing [email protected]. The envelope and 
letter should be clearly marked ``Privacy Act Access Request.'' The 
request should include a general description of the records sought must 
be signed and must include the requestor's full name, current address, 
reason the requester believes the records contains their PII, and date. 
For additional information, refer to the Commission's access 
regulations at 11 CFR parts 1.1-1.5, 41 FR 43064 (1976).

CONTESTING RECORD PROCEDURES:
    Individuals interested in contesting the information contained in 
their records or the denial of access to such information should notify 
the Co-Chief Privacy Officers at the Federal Election Commission, 1050 
1st St. NE, Washington, DC 20463. For additional information, refer to 
the Commission's regulations for contesting initial denials for access 
to or amendment of records, 11 CFR parts 1.7-1.9, 41 FR 43064 (1976).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-28222 Filed 12-27-21; 8:45 am]
BILLING CODE 6715-01-P