[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64478-64481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24712]


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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD


Privacy Act of 1974; System of Records

AGENCY: Federal Retirement Thrift Investment Board (FRTIB).

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Federal Retirement 
Thrift Investment Board (FRTIB) proposes to modify an existing system 
of records notice in order to collect information related to sincerely 
held religious beliefs, practices, or observances when necessary to 
evaluate requests for a religious accommodation.

DATES: The modifications to this system will become effective upon 
publication in today's Federal Register. FRTIB invites written comments 
on the routine uses and other aspects of this system of records. Submit 
any comments by December 20, 2021.

ADDRESSES: You may submit written comments to FRTIB by any one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the website instructions for submitting comments.
     Fax: 202-942-1676.
     Mail or Hand Delivery: Office of General Counsel, Federal 
Retirement Thrift Investment Board, 77 K Street NE, Suite 1000, 
Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Peter Robbins, Chief Privacy Officer, 
Federal Retirement Thrift Investment Board, Office of General Counsel, 
77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-1600. For 
access to any of the FRTIB's systems of records, contact Amanda Haas, 
FOIA Officer, Office of General Counsel, at the above address and phone 
number.

SUPPLEMENTARY INFORMATION: Records contained in this system are 
collected to: (1) Allow FRTIB to collect and maintain records on 
prospective, current, and former employees with disabilities who 
request or receive a reasonable accommodation by FRTIB; (2) allow FRTIB 
to collect and maintain records on prospective, current, and former 
employees with sincerely held religious beliefs, practices, or 
observances who request or receive an accommodation by FRTIB; (3) track 
and report the processing of requests for FRTIB-wide reasonable 
accommodations to comply with applicable laws and regulations; and (4) 
preserve and maintain the confidentiality of medical and religious 
information submitted by or on behalf of applicants or employees 
requesting a reasonable accommodation.
    On September 9, 2021, the President issued Executive Order 14043, 
Executive Order on Requiring Coronavirus Disease 2019 Vaccination for 
Federal Employees, requiring the COVID-19 vaccination for all Federal 
employees, subject to such exceptions as required by law. On October 4, 
2021, the Safer Federal Workforce Task Force issued guidance to Federal 
agencies regarding collecting information for medical and religious 
accommodations. In order to meet the requirements of Executive Order 
14043 and the Task Force recommendations, the FRTIB is modifying this 
system of records notice to include the collection of information 
related to religious accommodations.
    Changes being made to this SORN are for that purpose and include 
changes to the Authority for Maintenance of the System, Purpose(s) of 
the System, Categories of Individuals Covered by the System, Categories 
of Records in the System, Routine Uses of Records Maintained in the 
System, Policies and Practices for Retention and Disposal of Records, 
and the Publication History of the System of Records Notice.
    There are no new routine uses being published at this time; four 
previously published routine uses have been removed from this 
publication of SORN FRTIB-18.
    In accordance with 5 U.S.C. 552a(r), the Agency has provided a 
report to

[[Page 64479]]

OMB and to Congress on this notice of modified systems of records.

Dharmesh Vashee,
General Counsel and Senior Agency Official for Privacy.

SYSTEM NAME AND NUMBER:
    FRTIB-18, Reasonable Accommodation Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the Federal Retirement Thrift Investment 
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may 
also be maintained at an additional location for Business Continuity 
Purposes.

SYSTEM MANAGER(S):
    Human Resources Officer, Federal Retirement Thrift Investment 
Board, 77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-
1600.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 8474; 5 U.S.C. 301; 29 U.S.C. 791; 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; Executive Order 13164 (July 28, 2000); and Executive Order 13548 
(July 10, 2010).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to: (1) Allow FRTIB to collect and 
maintain records on prospective, current, and former employees with 
disabilities who request or receive a reasonable accommodation by 
FRTIB; (2) allow FRTIB to collect and maintain records on prospective, 
current, and former employees with sincerely held religious beliefs, 
practices, or observances who request or receive an accommodation by 
FRTIB; (3) track and report the processing of requests for FRTIB-wide 
reasonable accommodations to comply with applicable laws and 
regulations; and (4) preserve and maintain the confidentiality of 
medical and religious information submitted by or on behalf of 
applicants or employees requesting a reasonable accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Prospective, current, and former FRTIB employees who request and/or 
receive a reasonable accommodation for a disability or a sincerely held 
religious belief, practice, or observance; and authorized individuals 
or representatives (e.g., family members or attorneys) who file a 
request for a reasonable accommodation on behalf of a prospective, 
current, or former employee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name and employment information of employees needing an 
accommodation; requestor'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 and the 
need for accommodation, including appropriate medical documentation; 
information concerning the nature of the sincerely held religious 
belief, practice, or observance and the need for accommodation, 
including any appropriate documentation; details of the accommodation 
request, such as: Type of accommodation requested, how the requested 
accommodation would assist in job performance, the sources of technical 
assistance consulted in trying to identify alternative reasonable 
accommodation, any additional information provided by the requestor 
related to the processing of the request, and whether the request was 
approved or denied, and whether the accommodation was approved for a 
trial period; and notification(s) to the employee and his/her 
supervisor(s) regarding the accommodation.

RECORD SOURCE CATEGORIES:
    Subject individuals; subject individuals' supervisors.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Information about covered individuals may be disclosed without 
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
    1. Routine Use--Audit: A record from this system of records may be 
disclosed to an agency, organization, or individual for the purpose of 
performing an audit or oversight operations as authorized by law, but 
only such information as is necessary and relevant to such audit or 
oversight function 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 FRTIB officers and 
employees.
    2. Routine Use--Clearance Processing: A record from this system of 
records may be disclosed to an appropriate federal, state, local, 
tribal, foreign, or international agency, if the information is 
relevant and necessary to a requesting agency's decision concerning the 
hiring or retention of an individual, or issuance of a security 
clearance, background investigation, license, contract, grant, or other 
benefit, or if the information is relevant and necessary to a FRTIB 
decision 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 and when disclosure is appropriate to the proper 
performance of the official duties of the person making the request.
    3. Routine Use--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 that Congressional 
office made at the request of the individual to whom the record 
pertains.
    4. Routine Use--Contractors, et al.: A record from this system of 
records may be disclosed to contractors, grantees, experts, 
consultants, the agents thereof, and others performing or working on a 
contract, service, grant, cooperative agreement, or other assignment 
for FRTIB, 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 FRTIB officers and 
employees.
    5. Routine Use--Former Employees: A record from this system of 
records may be disclosed to a former employee of the FRTIB, in 
accordance with applicable regulations, for purposes of responding to 
an official inquiry by a federal, state, or local government entity or 
professional licensing authority; or facilitating communications with a 
former employee that may be necessary for personnel-related or other 
official purposes where the FRTIB requires information or consultation 
assistance from the former employee regarding a matter within that 
person's former area of responsibility.
    6. Routine Use--Law Enforcement Referrals: A record from this 
system of records may be disclosed to an appropriate federal, state, 
tribal, local, international, or foreign agency or other appropriate 
authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, where a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    7. Routine Use--Litigation, DOJ or Outside Counsel: A record from 
this

[[Page 64480]]

system of records may be disclosed to the Department of Justice, 
FRTIB's outside counsel, other federal agency conducting litigation or 
in proceedings before any court, adjudicative or administrative body, 
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official 
capacity, or (c) any employee of FRTIB in his or her individual 
capacity where DOJ or FRTIB has agreed to represent the employee, or 
(d) the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and FRTIB determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which FRTIB 
collected the records.
    8. Routine Use--Litigation, Opposing Counsel: A record from this 
system of records may be disclosed to a court, magistrate, or 
administrative tribunal in the course of presenting evidence, including 
disclosures to opposing counsel or witnesses in the course of civil 
discovery, litigation, or settlement negotiations or in connection with 
criminal law proceedings or in response to a subpoena.
    9. Routine Use--NARA/Records Management: A record from this system 
of records may be disclosed to the National Archives and Records 
Administration (NARA) or other federal government agencies pursuant to 
the Federal Records Act.
    10. Routine Use--Redress: A record from this system of records may 
be disclosed to a federal, state, tribal, local, international, or 
foreign government agency or entity for the purpose of consulting with 
that agency or entity: (1) To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a FRTIB program; (2) for the purpose of verifying the identity of an 
individual seeking redress in connection with the operations of a FRTIB 
program; or (3) for the purpose of verifying the accuracy of 
information submitted by an individual who has requested such redress 
on behalf of another individual.
    11. Routine Use--Medical Professionals, Reasonable Accommodation 
Documentation: A record from this system of records 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 accommodations.
    12. Routine Use--Federal Agencies, Equal Employment and Reasonable 
Accommodation Issues: A record from this system of records may be 
disclosed 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 
issues.
    13. Routine Use--Federal Agencies, Reasonable Accommodation 
Requirements: A record from this system of records may be disclosed to 
the Department of Labor (DOL), Office of Personnel Management (OPM), 
Equal Employment Opportunity Commission (EEOC), or Office of Special 
Counsel (OSC) to obtain advice regarding statutory, regulatory, policy, 
and other requirements related to reasonable accommodation.
    14. Routine Use--Mediation/Alternative Dispute Resolution: A record 
from this system of records may be disclosed to appropriate third-
parties contracted by the Agency to facilitate mediation or other 
alternative dispute resolution procedures or programs.
    15. Routine Use--Department of Defense, Procurement of Assistive 
Technologies: A record from this system of records may be disclosed to 
the Department of Defense (DOD) for the purpose of procuring assistive 
technologies and services through the Computer/Electronic Accommodation 
Program in response to a request for reasonable accommodation.
    16. Routine Use--Breach Mitigation and Notification: A record from 
this system may be disclosed to appropriate agencies, entities, and 
persons when (1) FRTIB suspects or has confirmed that there has been a 
breach of the system of records, (2) FRTIB has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, FRTIB (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 FRTIB's efforts to respond to 
the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    17. Routine Use--Response to Breach of Other Records: A record from 
this system may be disclosed to another Federal agency or Federal 
entity, when FRTIB 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 are maintained in paper and electronic form, including on 
computer databases, all of which are stored in a secure location.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by any one or more of the following: Employee 
name or assigned case number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained in accordance with the General Records 
Retention Schedule 2.3, item 20, issued by the National Archives and 
Records Administration (NARA).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    FRTIB has adopted appropriate administrative, technical, and 
physical controls in accordance with FRTIB's security program to 
protect the security, confidentiality, availability, and integrity of 
the information, and to ensure that records are not disclosed to or 
accessed by unauthorized individuals.
    Paper records are stored in locked file cabinets in areas of 
restricted access that are locked after office hours. Electronic 
records are stored on computer networks and protected by assigning 
usernames to individuals needing access to the records and by passwords 
set by unauthorized users that must be changed periodically.

RECORD ACCESS PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information about themselves should submit a written request 
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC 
20002, and include the following information:
    a. Full name;
    b. Any available information regarding the type of record involved;
    c. The address to which the record information should be sent; and
    d. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual, such as a Power of 
Attorney, in order for the representative to act on their behalf. 
Individuals requesting access must also comply with FRTIB's Privacy Act 
regulations regarding verification of identity and access to such 
records, available at 5 CFR part 1630.

[[Page 64481]]

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

NOTIFICATION PROCEDURES:
    See Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    81 FR 7106 (Feb. 10, 2016); 85 FR 43654, 43675 (July 21, 2020).

[FR Doc. 2021-24712 Filed 11-17-21; 8:45 am]
BILLING CODE 6760-01-P