[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63330-63332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24907]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD


Privacy Act of 1974; System of Records

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice; proposed new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Architectural and Transportation Barriers Compliance Board (Access 
Board or Board) is proposing to establish a new system of records 
titled, ``USAB.001--Reasonable Accommodation Records.'' This system of 
records covers records related to the administration, adjudication, and 
implementation of reasonable accommodation requests by agency employees 
and applicants for employment. The Office of Management and Budget has 
approved publication of this Notice after expedited review.

DATES: This Notice is effective on publication, with the exception of 
the routine uses. The routine uses will be effective 30 days after 
publication, unless comments are received that dictate otherwise. 
Written comments should be submitted December 16, 2021.

ADDRESSES: You may submit comments on this notice by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: board.gov">privacy@access-board.gov.
     Mail: Office of General Counsel, U.S. Access Board, 1331 F 
Street NW, Suite 1000, Washington, DC 20004-1111.
    Instructions: All comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Wendy Marshall, Attorney-Advisor and 
Privacy Officer, (202) 272-0043, board.gov">marshall@access-board.gov.

SUPPLEMENTARY INFORMATION: The Access Board is publishing this notice 
to inform the public of the creation of a new system of records 
relating to accommodation requests from Access Board employees and 
applicants. Section 501 of the Rehabilitation Act of 1973 requires 
federal employers to provide reasonable accommodations to qualified 
individuals with disabilities who are employees or applicants, unless 
doing so would cause undue hardship. 29 U.S.C. 791. Similarly, Title 
VII of the Civil Rights Act of 1964 requires an employer, once on 
notice, to reasonably accommodate an employee whose sincerely-held 
religious belief, practice, or observance conflicts with a work 
requirement, unless providing the accommodation would create an undue 
hardship. 42 U.S.C. 2000e. Reasonable accommodations provide 
modifications or adjustments to: (1) The job application process; (2) 
the work environment; and/or (3) the manner in which a position is 
customarily performed. The proposed records system is necessary to 
allow the Access Board to collect and maintain records on employees or 
applicants who request reasonable accommodations based on either 
disability or sincerely-held religious belief, practice, or observance. 
Additionally, it will also enable the Board to track and report the 
processing of accommodation requests agency-wide to comply with 
applicable laws and regulations.
SYSTEM NAME:
    USAB.001--Reasonable Accommodation Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    U.S. Access Board, 1331 F Street NW, Suite 1000, Washington, DC 
20004.

SYSTEM MANAGER:
    Director of Administration, U.S. Access Board, 1331 F Street NW, 
Suite 1000, Washington, DC 20004.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 29 U.S.C. 791 et seq.; 42 U.S.C. 12101 et seq.; 42 
U.S.C. 2000e et seq.; 42 U.S.C. 2000bb et seq.; 44 U.S.C. 3101; 29 CFR 
1605, 1614; Executive Order (E.).) 13164 (July 28, 2000); and E.O. 
13548 (July 10, 2010).

PURPOSE(S) OF THE SYSTEM:
    This system of records is intended to support the receipt, review, 
evaluation of requests made to the Access Board for reasonable 
accommodations (regardless of type of accommodation), the outcome of 
such requests, and the implementation of approved accommodations. 
Additionally, this record system is also intended to track and report 
the processing of requests for USAB-wide reasonable accommodations to 
comply with applicable laws and regulations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include prospective, current, 
and former Access Board employees (including, but not limited to, full-
time and part-time employees, temporary hires, interns, and co-op 
students.) who have requested reasonable accommodations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name and employment information of current or prospective employee 
needing an accommodation; requester's name and contact information (if 
different than the employee who needs an accommodation); date request 
was initiated; information concerning the nature of the disability or 
religious belief, practice, or observance and the need for 
accommodation, including appropriate medical or other documentation; 
occupational series; pay grade; essential duties of the position; 
details of the accommodation request, such as: Type of accommodation 
requested, how the requested accommodation would assist in job or allow 
job performance while accommodating the disability or religious belief, 
practice, or observance; the sources of technical assistance consulted 
in trying to identify alternative reasonable accommodation; any 
additional information provided by the requester relating to the 
processing of the request; whether the request was approved or denied; 
whether the accommodation was approved for a trial period; and, 
documentation between the employee and his/her supervisor(s) regarding 
the accommodation.

RECORD SOURCE CATEGORIES:
    Subject individuals; individual making the request (if different 
than the subject individuals); medical and equal employment opportunity 
professionals; and the subject individuals' supervisor(s).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, disclosures outside the agency may be made 
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. Law Enforcement--In the event that a system of records 
maintained by the Access Board to carry out its functions indicates a 
violation or potential

[[Page 63331]]

violation of law, whether criminal, civil, or regulatory in nature, and 
whether arising by general statute or particular program pursuant 
thereto, the relevant records in the system of records may be disclosed 
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, or 
rule, regulation, or order issued pursuant thereto.
    2. Disclosure When Requesting Information--A record from this 
system of records may be disclosed to a federal, state, or local agency 
or to another public or private source maintaining civil, criminal, or 
other relevant enforcement information or other pertinent information, 
if and to the extent necessary to obtain information relevant to an 
Access Board decision concerning the hiring or retention of an 
employee, personnel security (e.g., suitability/fitness 
determinations), or the letting of a contract.
    3. Disclosure of Existence of Record Information--With the approval 
of the Access Board Executive Director, the Director of Administration 
(or his or her designee), the fact that this system of records includes 
information relevant to a federal agency's decision in connection with 
the hiring or retention of an employee, personnel security (e.g., 
suitability, fitness determinations), retention of a security 
clearance, the letting of a contract, or the issuance of a license, 
grant, or other benefit may be disclosed to that federal agency.
    4. Disclosure in Litigation--A record from this system of records 
may be disclosed in a proceeding before a court or other adjudicative 
body in which the Access Board, an employee of the Access Board in his 
or her official capacity, or an employee of the Access Board in his or 
her individual capacity if the Access Board (or the Department of 
Justice (``DOJ'')) has agreed to represent him or her is a party, or 
the United States or any other federal agency is a party and the Access 
Board determines that it has an interest in the proceeding, if the 
Access Board determines that the record is relevant to the proceeding 
and that the use is compatible with the purpose for which the Access 
Board collected the information.
    5. Disclosure to the Department of Justice in Litigation--When the 
Access Board, an employee of the Access Board in his or her official 
capacity, or an employee of the Access Board in his or her individual 
capacity whom the Access Board has agreed to represent is a party to a 
proceeding before a court or other adjudicative body, or the United 
States or any other federal agency is a party and the Access Board 
determines that it has an interest in the proceeding, a record from 
this system of records may be disclosed to the DOJ if the Access Board 
is consulting with the DOJ regarding the proceeding or has decided that 
the DOJ will represent the Access Board, or its interest, in the 
proceeding and the Access Board determines that the record is relevant 
to the proceeding and that the use is compatible with the purpose for 
which the Access Board collected the information.
    6. Congressional Inquiries--A record from this system of records 
may be disclosed to a congressional office from the record of an 
individual in response to an inquiry from the congressional office made 
at the request of the individual.
    7. Disclosure in Response to a Federal Data Breach--A record from 
this system of records may be disclosed to appropriate agencies, 
entities, and persons when: (1) The Access Board suspects or has 
confirmed that there has been a breach of the system of records; (2) 
the Access Board as determined that, as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, the Board 
(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 Access Board efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    8. Contractors, Experts, and Consultants--To contractors, experts, 
consultants, and the agents of thereof, and others performing or 
working on a contract, service, cooperative agreement, or other 
assignment for the Access Board when necessary to accomplish an agency 
function. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to Access Board employees.
    9. Records Management--To the National Archives and Records 
Administration or to the General Services Administration for records 
management inspections conducted under 44 U.S.C. 2904 and 2906.
    10. Gathering Information--To any source from which information is 
requested in the course of processing a grievance, investigation, 
arbitration, or other litigation, to the extent necessary to identify 
the individual, inform the source of the purpose(s) of the request, and 
identify the type of information requested.
    11. Disclosure to a Federal Agency--To disclose information to a 
Federal agency, in response to its request, in connection with hiring 
or retaining an employee, issuing a security clearance, conducting a 
security or suitability investigation of an individual, or classifying 
jobs, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter.
    12. Assistance to Federal Agencies and Entities--To another Federal 
agency or Federal entity, when the Access Board determines that 
information from this system is reasonably necessary to assist the 
recipient agency or entity in: (a) Responding to a suspected or 
confirmed breach or (b) preventing, minimizing, or remedying the risk 
of harm to individuals, the recipient agency or entity (including its 
information systems, program, and operations), the Federal Government, 
or national security, resulting from a suspected or confirmed breach.
    13. Medical Providers--To physicians or other medical professionals 
to provide them with, or obtain from them, the necessary medical 
documentation and/or certification for reasonable accommodations.
    14. Decisions Concerning Reasonable Accommodation--A record in this 
system of records may be disclosed, but only to the extent necessary, 
to individuals involved in processing a request for reasonable 
accommodation or in providing any accommodation granted, including 
medical professionals; agency counsel; individuals consulted outside of 
the Access Board, such as employees of the Equal Employment Opportunity 
Commission or other federal agencies concerning the Access Board's 
legal obligations; and vendors of assistive technology or other devices 
needed as accommodations.
    15. Alternative Dispute Resolution--To appropriate third-parties 
contracted by the Access Board to facilitate mediation or other 
alternative dispute resolution procedures or programs.
    16. Medical Emergency--To medical personnel to meet a bona fide 
medical emergency.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system consist of electronic and/or hard-copy 
(paper) records. Paper files are maintained in locked file cabinets. 
Electronic records are maintained in restricted access folders on the 
Access Board's internal, cloud-based General Support System

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(GSS), which is Fed-RAMP compliant. Access is limited to the system 
owner(s) and other agency personnel who have an official need for 
access to perform their duties (e.g., IT administrators, agency 
litigation counsel). Access Board policy requires new employees to read 
and acknowledge the rules of behavior applicable to all agency 
information technology systems (including appropriate protection and 
handling of personally identifiable information) before getting access 
to these systems and complete annual cybersecurity awareness training.

POLICIES AND PRACTITCES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, but not 
limited to, the individual's name, date of request, and nature of 
accommodation request. Records are typically retrieved by requester 
name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Electronic and paper records are retained in accordance with the 
National Archives and Records Administration (NARA)'s General Records 
Schedule 2.3, Employee Relations Records, Item ## 020 (administrative 
program files) and 021 (employee case files), which prescribes a three-
year retention period. For administrative program files, the retention 
period dates from file supersession. For employee case files the 
retention period dates from either employee separation from the agency 
or conclusion of any appeals, whichever is later. When eligible for 
destruction, electronic records are securely destroyed or erased using 
methods prescribed by the National Institute of Standards and 
Technology. Hard-copy records are permanently destroyed by shredding or 
burning.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to system records is restricted to authorized Access Board 
personnel who are system owners or have an official need to access such 
records to perform their duties. Electronic records are stored in 
restricted-access folders on the Access Board's internal, cloud-based 
GSS. Access to electronic records is controlled by technical safeguards 
through assignment of system roles and permissions, secure log-ins, 
time-out features, firewalls, and cybersecurity monitoring systems. 
Access Board policy also requires all emails, email strings, and 
attachments that contain sensitive personally identifiable information 
to be protected by encryption or password protection before 
transmission, absent express waiver from an agency privacy officer. 
Paper records are maintained in locked file cabinets with access 
limited to those personnel whose official duties require access. When 
paper records containing personally identifiable information are 
photocopied, faxed, or scanned, care is taken to ensure that no copies 
are left unattended where they could be viewed by unauthorized 
individuals.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to, or notification of, any record 
contained in this system of records, or seeking to contest its content, 
may inquire in writing in accordance with instructions appearing in the 
Access Board's Privacy Act Implementation rule, 36 CFR part 1121, which 
also appear on the Access Board's website at www.access-board.gov/privacy.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures,'' above.

NOTIFICATION PROCEDURE:
    See ``Record Access Procedures,'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Gretchen Jacobs,
General Counsel.
[FR Doc. 2021-24907 Filed 11-15-21; 8:45 am]
BILLING CODE 8150-01-P