Privacy Act of 1974; System of Records, 14298-14300 [2022-05255]

Agencies

• National Endowment for the Arts

[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14298-14300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05255]


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NATIONAL ENDOWMENT FOR THE ARTS


Privacy Act of 1974; System of Records

AGENCY: National Endowment for the Arts.

ACTION: Notice of a new System of Records.

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SUMMARY: The National Endowment for the Arts (Endowment or NEA) is 
publishing a notice of its Reasonable Accommodations system. The system 
is used to collect and maintain medical and religious documentation 
used to determine reasonable accommodations for NEA staff.

DATES: This system of records will go into effect without further 
notice April 13, 2022 unless otherwise revised pursuant to comments 
received.

ADDRESSES: Chief Information Officer; National Endowment for the Arts, 
400 7th Street SW, Washington, DC 20506; telephone at (202) 682-5706 or 
by electronic mail at [email protected].

[[Page 14299]]


FOR FURTHER INFORMATION CONTACT: Chief Information Officer, 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a(e)(4), the 
Endowment is today publishing a notice of the existence and character 
of its Reasonable Accommodation system in order to make available in 
one place in the Federal Register.

SYSTEM NAME AND NUMBER:
    Reasonable Accommodations/NEA-19.

SYSTEM CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Human Resources, 400 7th Street SW, Washington, DC 20506.

SYSTEM MANAGER(S):
    Deputy Director HR; Office of Human Resources, 400 7th Street SW, 
Washington, DC 20506; [email protected], (202) 682-5527.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    National Foundation on the Arts and the Humanities Act of 1965, as 
amended (20 U.S.C. 951 et seq).
    Rehabilitation Act, 29 U.S.C. 791.
    Title VII of the Civil Rights Act, 42 U.S.C. 2000e.
    Executive Order 13164.
    29 CFR 1605 and 1614.

PURPOSE(S) OF THE SYSTEM:
    To provide a central repository for information about reasonable 
accommodations for employees at the NEA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have filed for medical and/or religious 
accommodations at the NEA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, address, telephone number, Social Security number, medical 
information, religious information.

RECORD SOURCE CATEGORIES:
    Data in this system is obtained from Endowment employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    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 letting of a contract; or the 
issuance of a license, grant, or other benefit 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 this system of records maintained 
by the Endowment indicates, either by itself or in combination with 
other information in the Endowment'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 the responsibility of 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 a proceeding 
before a court or adjudicative body before which the Endowment is 
authorized to appear, when
    (a) The agency; or
    (b) Any employee of the agency in his or her official capacity; or
    (c) Any employee of the agency in his or her individual capacity 
where the agency has agreed to represent the employee; or
    (d) The United States, where the agency determines that litigation 
is likely to affect the agency, is a party to litigation or has an 
interest in such litigation, and the agency determines that use of such 
records is relevant and necessary to the litigation.
    5. A record may be disclosed as a routine use to a contractor, 
expert, or consultant of the Endowment (or an office within the 
Endowment) on a ``need-to-know'' basis for a purpose within the scope 
of the pertinent Endowment task. This access will be granted to an 
Endowment contractor or employee of such contractor by a system manager 
only after satisfactory justification has been provided to the system 
manager.
    6. A record from this system of records may be disclosed as a 
routine use to the National Archives and Records Administration in 
records management inspections conducted under authority of 44 U.S.C. 
2904 and 2906.
    7. A record from this system of records may be disclosed as a 
routine use to appropriate agencies, entities, and persons when (1) the 
Endowment suspects or has confirmed that there has been a breach of the 
system of records; (2) the Endowment has determined that as a result of 
the suspected or confirmed breach there is a risk of harm to 
individuals, the Endowment (including 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 Endowment's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    8. A record from this system of records may be disclosed as a 
routine use to another Federal agency or Federal entity, when the 
Endowment 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are maintained in an electronic database. 
Paper records are maintained in a locked file cabinet.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system are retrieved by name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are maintained and updated on a continuing 
basis, as new information is received by the National Endowment for the 
Arts staff. Endowment staff will periodically request updated 
information from individuals who already have a reasonable 
accommodation record. Endowment staff will also periodically purge the 
reasonable accommodations records in accordance with the General 
Records Schedule 2.3 for Reasonable accommodations case files. These 
records will be destroyed 3 years after

[[Page 14300]]

the employee has separated from the agency.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL, SAFEGUARDS:
    Reasonable accommodations files on computer servers are limited in 
access to NEA Human Resources personnel only. Endowment staff 
authorized to access electronic records are assigned permission levels. 
Permission level assignments allow authorized users to access only the 
system functions and records specific to their agency work need. The 
Endowment also has technical security measures including restrictions 
on computer access to authorized individuals and required use of 
personal identity verification (PIV) card and password. Paper files are 
kept in a locked file cabinet. Only authorized Endowment staff have 
access to the paper files which are stored within a locking file 
cabinet in a locked room in secured facilities with controlled access.

RECORD ACCESS PROCEDURES:
    See 45 CFR part 1159.

CONTESTING RECORD PROCEDURES:
    See 45 CFR part 1159.

NOTIFICATION PROCEDURES:
    See 45 CFR part 1159.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: March 8, 2022.
Meghan Jugder,
Support Services Specialist, Office of Administrative Services & 
Contracts, National Endowment for the Arts.
[FR Doc. 2022-05255 Filed 3-11-22; 8:45 am]
BILLING CODE 7537-01-P