Privacy Act of 1974; System of Records, 51397-51400 [2022-18070]

Agencies

• Defense Nuclear Facilities Safety Board

[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51397-51400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18070]


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DEFENSE NUCLEAR FACILITIES SAFETY BOARD


Privacy Act of 1974; System of Records

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Defense 
Nuclear Facilities Safety Board (DNFSB) proposes to establish a new 
system of records titled ``DNFSB--10, Reasonable Accommodation 
Records.'' This system of records will include information that DNFSB 
collects and maintains records on applicants for employment, and 
employees who request and/or receive reasonable accommodations from 
DNFSB for medical or religious reasons.

DATES: Submit comments on or before October 4, 2022. This action will 
be applicable on October 5, 2022. unless comments are received that 
would result in a contrary determination.

ADDRESSES: You may submit written comments at any time prior to the 
comment deadline by either of the following methods:
    Email: Send comments to [email protected]. Please include 
``Reasonable Accommodation SORN'' in the subject line of your email.
    Mail or Hand Delivery: Send hard copy comments to the Defense 
Nuclear Facilities Safety Board, Attn: General Manager, 625 Indiana 
Avenue NW, Suite 700, Washington, DC 20004-2901.

FOR FURTHER INFORMATION CONTACT: James Biggins, General Manager, 
Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW, Suite 
700, Washington, DC 20004-2901, (202) 694-7000 (Toll Free (800) 788-
4016.)

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
the Defense Nuclear Facilities Safety Board (DNFSB) proposes to 
establish a new system of records titled ``DNFSB-10, Reasonable 
Accommodation Records.'' It applies to DNFSB's collection and 
maintenance of records on applicants for employment, employees, and 
other individuals who participate in DNFSB programs or activities who 
request or receive reasonable accommodations or other appropriate 
modifications from DNFSB 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 1974 prohibits discrimination, 
including discrimination based on religion. These prohibitions on 
discrimination require 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,

[[Page 51398]]

individuals may request modifications to their workspace, schedule, 
duties, or other requirements for documented medical reasons that may 
not qualify as a disability, but which may necessitate an appropriate 
modification to workplace policies and practices.
    Reasonable accommodations may include, but are not limited to: 
Making existing facilities readily accessible to individuals with 
disabilities; restructuring jobs, modifying work schedules or places of 
work, and providing flexible scheduling for medical appointments or 
religious observance; acquiring or modifying equipment or examinations 
or training materials; providing qualified readers and interpreters, 
personal assistants, service animals; granting permission to wear 
religious dress, hairstyles, or facial hair or to observe a religious 
prohibition against wearing certain garments; considering requests for 
medical and religious exemptions to specific workplace requirements; 
and making other modifications to workplace policies and practices.
    DNFSB's Division of Human Resources processes requests for 
reasonable accommodation from employees and applicants for employment 
who require an accommodation due to a medical or religious reason. It 
also processes requests based on documented medical reasons that may 
not qualify as a disability but that necessitate an appropriate 
modification to workplace policies and practices.
    The system of records includes documentation provided in support of 
the request, any evaluation conducted internally or by a third party 
under contract to DNFSB, the decision to grant or deny a request, and 
the details and conditions of the reasonable accommodation. These 
materials are listed more specifically below.
    DNFSB has provided a report of this system of records to the 
Committee on Oversight and Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Office of Information and Regulatory Affairs of the Office of 
Management and Budget (OMB), pursuant to 5 U.S.C. 552a(r) and OMB 
Circular A- 108, ``Federal Agency Responsibilities for Review, 
Reporting, and Publication under the Privacy Act,'' dated December 23, 
2016.

SYSTEM NAME AND NUMBER:
    DNFSB -10, Reasonable Accommodation Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW, 
Suite 700, Washington, DC 20004-2901.

SYSTEM MANAGER:
    Director, Human Resources Division, Defense Nuclear Facilities 
Safety Board, Office of the General Manager, 625 Indiana Avenue NW, 
Suite 700, Washington, DC 20004-2901.
    Telephone: (202) 694-7000 (Toll Free (800) 788-4016).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, 302; 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 1614 (Federal Sector Equal Employment Opportunity); 42 U.S.C. 
2000bb; Executive Order 13163 (Increasing the Opportunity for 
Individuals with Disabilities To Be Employed in the Federal Government) 
(July 26, 2000); 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 the DNFSB to 
collect and maintain records on applicants for employment, employees, 
and other individuals who participate in DNFSB programs or activities 
who request or receive reasonable accommodations or other appropriate 
modifications from DNFSB for medical or religious reasons; to process, 
evaluate, and make decisions on individual requests; and to track and 
report the processing of such requests to comply with applicable 
requirements in law and policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for employment, current and former DNFSB employees, and 
other individuals who participate in DNFSB activities, who request and/
or receive reasonable accommodations for or other appropriate 
modifications from DNFSB for medical or religious reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Requester's name and contact information (address(es), telephone 
number(s), email address(es);
    2. Requester's employment status (applicant or employee);
    3. Date of request;
    4. Employee's position, title, grade, series, step;
    5. Information concerning the nature of the requester's medical 
condition or disability and any medical documentation provided in 
support of the request;
    6. Requester's statement of a sincerely held religious belief and 
any additional information submitted concerning that belief and the 
need for an accommodation to exercise that belief;
    7. Description of the requested accommodation, how the requested 
accommodation would assist in job performance, and the sources of 
technical assistance consulted in effort to identify alternative 
reasonable accommodation;
    8. Whether the request was made orally or in writing;
    9. Whether the request for reasonable accommodation was approved, 
denied, or approved for a trial period, and if denied or approved for a 
trial period, the reason(s) for such decision;
    10. Any reports or evaluations prepared in determining whether to 
grant or deny the request;
    11. Any additional information collected or developed in connection 
with the request for a reasonable accommodation; and
    12. Notification(s) to the employee and his/her supervisor(s) 
regarding the accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals who request and/or 
receive a reasonable accommodation or other appropriate modification 
from DNFSB, 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, if it is determined to be relevant and 
necessary, all or a portion of the records or information contained in 
this system may be disclosed to authorized entities outside DNFSB as a 
routine use pursuant to 5 U.S.C. 552a(b)(3), as follows:
    1. To federal, state, local, tribal, foreign, or international 
agencies if the information is relevant and necessary to that agency's 
decision concerning the hiring or retention of an individual, the 
issuance of a security clearance, conducting a suitability or security 
investigation of an individual, the classifying of jobs, the letting of 
a contract or the issuance of a license,

[[Page 51399]]

grant, or other benefit by such agency, or if the information is 
relevant and necessary to a DNFSB decision concerning the hiring or 
retention of an individual, the issuance of a security clearance, 
conducting a suitability or security investigation of an individual, 
the classifying of jobs, the letting of a contract or the issuance of a 
license, grant, or other benefit concerning the hiring or retention of 
an employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    2. To a member of Congress or congressional staff in response to an 
inquiry about an individual from that congressional office made at the 
request of such individual.
    3. 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.
    4. To the Department of Justice, including Offices of the U.S. 
Attorneys; another federal agency conducting litigation or in a 
proceeding before any court, adjudicative body, or administrative body; 
another party in litigation before a court, adjudicative body, 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:
    A. DNFSB or any component thereof;
    B. Any employee or former employee of DNFSB in his or her official 
capacity;
    C. Any employee or former employee of DNFSB in his or her 
individual capacity when the Department of Justice or DNFSB has agreed 
to represent the employee, or
    D. The United States, a federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the approval of the DNFSB General Counsel, pursuant to 10 CFR part 1707 
or otherwise.
    5. To the National Archives and Records Administration (NARA) in 
connection with records-management inspections being conducted under 
authority of 44 U.S.C. 2904 and 2906.
    6. To physicians or other medical professionals to provide them 
with or obtain from them the necessary medical documentation and/or 
certification for reasonable accommodations.
    7. To appropriate agencies, entities, and persons when (1) the 
DNFSB suspects or has confirmed that there has been a breach of the 
system of records, (2) the DNFSB has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the DNFSB (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 DNFSB's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    8. To another federal agency or federal entity, when DNFSB 
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.
    9. To appropriate agencies, entities, and persons when DNFSB: (1) 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) 
determines that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by DNFSB or another 
agency or entity) that rely upon the compromised information; (3) deems 
the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DNFSB's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm; and (4) to deter and detect insider threats in 
accordance with Executive Order 13587.
    10. To federal and foreign government intelligence or 
counterterrorism agencies when DNFSB reasonably believes there to be a 
threat or potential threat to national or international security for 
which the information may be useful in countering the threat or 
potential threat, when DNFSB reasonably believes such use is to assist 
in anti-terrorism efforts, and disclosure is appropriate to the proper 
performance of the official duties of the person making the disclosure.
    11. To non-federal workers such as contractors, grantees, experts, 
consultants, and the agents thereof, performing or working on a 
contract, service, grant, cooperative agreement, or other assignment 
for DNFSB when DNFSB 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 DNFSB 
employees.
    12. 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.
    13. To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official engaged in 
the investigation or settlement of a grievance, complaint, or appeal 
filed by an individual who requested a reasonable accommodation or 
other appropriate modification.
    14. 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.
    15. To a federal agency or federal entity authorized to procure 
assistive technologies and services in response to a request for 
reasonable accommodation.
    16. To first aid and safety personnel if the individual's medical 
condition requires emergency treatment.
    17. To another federal agency or oversight body charged with 
evaluating DNFSB's compliance with the laws, regulations, and policies 
governing reasonable accommodation requests.
    18. To another Federal agency pursuant to a written agreement with 
DNFSB 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 electronically in an encrypted, password-
protected, limited-access folder on DNFSB's local area network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by an individual's name.

[[Page 51400]]

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records in this system of records are maintained in accordance 
with General Records Schedule (GRS) 2.3.020, ``Reasonable Accommodation 
Case Files.'' They are destroyed three years after an individual's 
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:
    The records are protected from unauthorized access and misuse by a 
hierarchy of administrative, technical, and physical controls combined 
with a role-based, need-to-know access control system, that is, one in 
which access to the records is granted only to those persons who have 
appropriate clearances or permissions and a demonstrated need to know 
the information for the performance of their duties.
    The records are maintained in a password-protected, encrypted 
folder on DNFSB's General Support System-Local Area Network (GSS-LAN), 
the ethernet-based network connecting all of DNFSB's user workstations 
with the centralized file servers used to store data and host 
applications. The security controls maintained for the GSS-LAN are in 
compliance with the Federal Information Systems Modernization Act (Pub. 
L. 113-283), the relevant policies of the Office of Management and 
Budget. The records are accessible only to members of a security group 
established by DNFSB's IT System Administrator. Only the designated 
owner of the security group is authorized to identify the individuals 
to be added and removed from the group, and only the IT System 
Administrator can implement those decisions.

RECORD ACCESS PROCEDURES:
    1. Notification: An individual who wishes to know whether this 
system of records contains any information pertaining to himself or 
herself may file a request for such information in person or in 
writing. Written requests should be addressed to: Privacy Act Officer, 
Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW, Suite 
700, Washington, DC 20004-2901. Telephonic requests should be made by 
calling the Board's switchboard at (202) 208-6400 and asking to speak 
to the Privacy Act Officer.
    2. Access (copies): Individuals who wish to obtain copies of 
records containing their personal information may submit a written 
request to the Privacy Act Officer, Defense Nuclear Facilities Safety 
Board, 625 Indiana Avenue NW, Suite 700, Washington, DC 20004-2901 or 
by emailing [email protected]. Such requests must contain:
    A. The requester's complete name, address, and telephone number;
    B. Proof of identification consisting of a copy of one of the 
following: valid driver's license, valid passport, or other current 
identification containing both an address and picture of the requester.
    C. The system of records in which the desired information is 
contained.
    3. Access (in person): Individuals who wish to view their records 
in person should call the Privacy Act Officer at (202) 694-7000 (Toll 
Free (800)-788-4016) at least two weeks before the date on which they 
would like to visit and be prepared to provide his/her full name, 
address, telephone number, and the system of records in which the 
desired information is contained. Thereafter, the Privacy Act Officer 
will determine if the Board does maintain the requested information, 
and if the result of that investigation is affirmative, he/she will 
call the requester to arrange a date and time for the records to be 
made available. Before being allowed to view the records, the 
individual seeking access will be required to supply proof of or his/
her identity by providing of a copy of a valid driver's license, valid 
passport, or other current identification that contains both an address 
and picture of the requester.

CONTESTING RECORD PROCEDURES:
    Individuals may submit written requests for correction of a record 
pertaining to themselves to: Privacy Act Officer, Defense Nuclear 
Facilities Safety Board, 625 Indiana Avenue NW, Suite 700, Washington, 
DC 20004-2901. Such letters should clearly identify the corrections 
desired, and an edited copy of the record will usually be acceptable 
for that purpose.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

    Dated: August 17, 2022.
Joyce Connery,
Chair.
[FR Doc. 2022-18070 Filed 8-19-22; 8:45 am]
BILLING CODE 3670-01-P