[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71089-71091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26943]


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NATIONAL INDIAN GAMING COMMISSION


Privacy Act of 1974; System of Records

AGENCY: National Indian Gaming Commission.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the National 
Indian Gaming Commission (NIGC) proposes to establish a new system of 
records entitled, ``NIGC Reasonable Accommodations Records.'' This 
system of records will include information that the NIGC collects and 
maintains on applicants for employment and employees who request and/or 
receive reasonable accommodations from NIGC for medical or religious 
reasons.

DATES: Submit comments on or before January 13, 2022. This new system 
is effective upon publication in the Federal Register, except for the 
routine uses, which are effective January 13, 2022.

ADDRESSES: You may submit written comments by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Tim Osumi, 202-264-0676, 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
the National Indian Gaming Commission (NIGC) proposes to establish a 
new system of records titled, ``NIGC Reasonable Accommodations 
Records.'' This system of records covers NIGC's collection and 
maintenance of records on applicants for employment, employees, and 
other individuals who participate in NIGC programs or activities who 
request or receive reasonable accommodations or other appropriate 
modifications from NIGC 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 on the 
basis of 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 on the agency. In some 
instances, individuals may request modifications to their workspace, 
schedule, duties, or other requirements for documented medical reasons 
that may not qualify as a disability but 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. 
NIGC's Human Resources Office processes requests for reasonable 
accommodations from employees and applicants for employment, 
respectively, who require an accommodation due to a medical or 
religious reason. NIGC's Human Resources Office 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 request, documentation provided 
in support of the request, any evaluation conducted internally or by a 
third party under contract to NIGC, the decision regarding whether to 
grant or deny a request, and the details and conditions of the 
reasonable

[[Page 71090]]

accommodation are all included in this system of records. NIGC has 
provided a report of this system of records to the Committee on 
Oversight and Government Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and 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. This system will be included in the NIGC inventory 
of record systems.

SYSTEM NAME AND NUMBER:
    NIGC Reasonable Accommodations Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained primarily by the NIGC Human Resource Office 
located at 90 K Street NE, Suite 200, Washington, DC 20002. Records may 
be located in locked cabinets and offices, on NIGC's local area 
network, or in designated U.S. data centers for FedRAMP-authorized 
cloud service providers.

SYSTEM MANAGER(S):
    Human Resources Administrator, 90 K Street NE, Suite 200, 
Washington, DC 20002.

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 (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); 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 NIGC to collect 
and maintain records on applicants for employment, employees, and other 
individuals who participate in NIGC programs or activities who request 
or receive reasonable accommodations or other appropriate modifications 
from NIGC 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:
    Applicants for Federal employment, Federal employees, and visitors 
to Federal buildings who requested and/or received reasonable 
accommodations or other appropriate modifications from NIGC for medical 
or religious reasons. It also covers individuals or representatives 
(e.g., a family member or attorney) authorized to request reasonable 
accommodation on behalf of an applicant for employment or employee.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Requester's name;
     Requester's status (applicant or current employee);
     Date of request;
     Employee's position title, grade, series, step;
     Position title, grade, series, step of the position the 
requester is applying for;
     Requester's contact information (addresses, phone numbers, 
and email addresses);
     Description of the requester's medical condition or 
disability and any medical documentation provided in support of the 
request; Requester's statement of a sincerely held religious belief and 
any additional information provided concerning that religious belief 
and the need for an accommodation to exercise that belief;
     Description of the accommodation being requested;
     Description of previous requests for accommodation;
     Whether the request was made orally or in writing;
     Documentation by an NIGC official concerning whether the 
disability is obvious, and the accommodation is obvious and 
uncomplicated, whether medical documentation is required to evaluate 
the request, whether research is necessary regarding possible 
accommodations, and any extenuating circumstances that prevent the NIGC 
official from meeting the relevant timeframe;
     Whether the request for reasonable accommodation was 
granted or denied, and if denied the reason for the denial;
     The amount of time taken to process the request;
     The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
     Any reports or evaluations prepared in determining whether 
to grant or deny the request; and
     Any other information collected or developed in connection 
with the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals who request and/or 
receive a reasonable accommodation or other appropriate modification 
from NIGC, 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, all or a portion of the records or 
information contained in this system may be disclosed outside NIGC as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Justice, including Offices of the U.S. 
Attorneys; another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party in litigation before a court, adjudicative, 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:
    (1) NIGC, or any component thereof;
    (2) Any employee or former employee of NIGC in his or her official 
capacity;
    (3) Any employee or former employee of NIGC in his or her capacity 
where the Department of Justice or NIGC has agreed to represent the 
employee;
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the NIGC General Counsel's approval, pursuant to 5 CFR part 295 or 
otherwise.
    b. 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 it is relevant to a 
violation or potential violation of civil or criminal law or 
regulation.
    c. To a member of Congress for the record of an individual in 
response to

[[Page 71091]]

an inquiry made at the request of the individual to whom the record 
pertains.
    d. To the National Archives and Records Administration (NARA) for 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    e. To appropriate agencies, entities, and persons when (1) NIGC 
suspects or has confirmed that there has been a breach of the system of 
records; (2) NIGC has determined that as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, NIGC 
(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 NIGC's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    f. To another Federal agency or Federal entity, when NIGC 
determines that information from the 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.
    g. To contractors, grantees, experts, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for NIGC when NIGC 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 NIGC employees.
    h. 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.
    i. To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official who engages 
in investigation or settlement of a grievance, complaint, or appeal 
filed by an individual who requested a reasonable accommodation or 
other appropriate modification.
    j. 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.
    k. To a Federal agency or entity authorized to procure assistive 
technologies and services in response to a request for reasonable 
accommodation.
    l. To first aid and safety personnel if the individual's medical 
condition requires emergency treatment.
    m. To another Federal agency or oversight body charged with 
evaluating NIGC's compliance with the laws, regulations, and policies 
governing reasonable accommodation requests.
    n. To another Federal agency pursuant to a written agreement with 
NIGC to provide services (such as medical evaluations), when necessary, 
in support of reasonable accommodation decisions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system of records are stored electronically on 
NIGC's local area network or with FedRAMPauthorized 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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name or other unique personal 
identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system of records are maintained in accordance with 
GRS 2.3 and are destroyed three years after separation from the agency 
or all appeals are concluded, whichever is later, but longer retention 
is authorized if requested for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Strict controls have been imposed to minimize the risk of 
compromising the information that is stored. Access to the paper and 
electronic records in this system of records is limited to those 
individuals who have a need to know the information for the performance 
of their official duties and who have appropriate clearances or 
permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to their records in 
this system of records may submit a request in writing to the National 
Indian Gaming Commission, FOIA Office, 1849 C Street NW, Mail Stop # 
1621 Washington, DC 20240, ATTN: NIGC Privacy Officer; or by emailing 
[email protected]. Individuals must furnish the following 
information for their records to be located: 1. Full name. 2. 
Signature. 3. The reason why the individual believes this system 
contains information about him/her. 4. The address to which the 
information should be sent. Individuals requesting access must also 
comply with NIGC's Privacy Act regulations regarding verification of 
identity and access to records (25 CFR 515).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request amendment of records about them 
contained in this system of records may do so by writing to the 
National Indian Gaming Commission, FOIA Office, 1849 C Street NW, Mail 
Stop # 1621 Washington, DC 20240, ATTN: NIGC Privacy Officer; or by 
emailing [email protected]. Requests for amendment of records 
should include the words ``PRIVACY ACT AMENDMENT REQUEST'' in capital 
letters at the top of the request letter or in the subject line of the 
email. Individuals must furnish the following information for their 
records to be located:
    1. Full name.
    2. Signature.
    3. Precise identification of the information to be amended.
    Individuals requesting amendment must also comply with NIGC's 
Privacy Act regulations regarding verification of identity and access 
to records (25 CFR 515). The agency procedures whereby an individual 
can be notified at his or her request how he or she can contest the 
content of any record pertaining to him or her in the system.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Any Privacy Act exemptions promulgated for the system.

HISTORY:
    None.

    Dated: December 7, 2021.
E. Sequoyah Simermeyer,
Chairman.
[FR Doc. 2021-26943 Filed 12-13-21; 8:45 am]
BILLING CODE 7565-01-P