[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73001-73004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27874]


=======================================================================
-----------------------------------------------------------------------

MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; System of Records

AGENCY: U.S. Merit Systems Protection Board.

ACTION: Notice of a New System of Records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 (Privacy Act), the 
U.S. Merit Systems Protection Board (MSPB) proposes to establish a new 
system of records titled ``MSPB--3, Reasonable Accommodations.'' This 
system of records includes information that MSPB collects, maintains, 
and uses on applicants for employment and employees who request and/or 
receive reasonable accommodations from MSPB for medical or religious 
reasons.

DATES: Please submit comments on or before January 24, 2022. This new 
system is effective upon publication in today's Federal Register, with 
the exception of the routine uses, which are effective January 24, 
2022.

ADDRESSES: You may submit written comments to the Office of the Clerk 
of the Board by email to [email protected] or by mail to Clerk of the 
Board, U.S. Merit Systems Protection Board, 1615 M Street NW, 
Washington, DC 20419. All comments must reference ``MSPB--3, Reasonable 
Accommodations SORN.'' Regardless of the method used for submitting 
comments or material, all submissions will be posted, without change, 
to MSPB's website (https://www.mspb.gov) and will include any personal 
information you provide, such as your name, address, phone number, 
email address, or any other personally identifying information in your 
comment or materials. Therefore, any submissions will be made public 
and without change.

FOR FURTHER INFORMATION CONTACT: For general questions or privacy 
issues, please contact: D. Fon Muttamara, Chief Privacy Officer, Office 
of the Clerk of the Board, 1615 M Street NW, Washington, DC 20419 at 
(202) 653-7200 or [email protected]. Please include ``Reasonable 
Accommodations SORN'' with your question(s).

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C. 
552a, the MSPB proposes to establish a new system of records titled 
``MSPB--3, Reasonable Accommodations.'' This system of records covers 
MSPB's collection, maintenance, and use of records on applicants for 
employment and employees who request or receive reasonable 
accommodations or other appropriate modifications from MSPB 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 1964 prohibits discrimination, 
including on the basis of religion. These prohibitions on 
discrimination require

[[Page 73002]]

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, 
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. In general, an 
accommodation is any change in the work environment or in the way 
things are customarily done that enables an individual with a 
disability to enjoy equal employment opportunities. Reasonable 
accommodations on the basis of disability typically fall into the 
following categories: (1) Modifications or adjustments to a job 
application process that enable a qualified applicant with a disability 
to be considered for a position; (2) modifications or adjustments to 
the work environment, or to the manner or circumstances under which the 
position held or desired is customarily performed, that enable a 
qualified individual with a disability to perform the essential 
functions of that position; and (3) modifications or adjustments that 
enable a qualified employee with a disability to enjoy equal benefits 
and privileges of employment as are enjoyed by other similarly-situated 
employees without disabilities. Applicants and employees may obtain 
exceptions to rules or policies in order to follow their religious 
beliefs or practices, and employers may grant certain accommodations 
for religious reasons but still refuse to grant them for secular 
reasons.
    MSPB's Office of Equal Employment Opportunity is responsible for 
processing requests for reasonable accommodations from applicants for 
employment and employees who seek an accommodation due to a medical or 
religious reason, as well as processing requests based on documented 
medical reasons that may not qualify as a disability but that may 
necessitate an appropriate modification to workplace policies and 
practices.
    The request and any related records provided to support the 
request, any evaluation conducted internally, or by a third party under 
contract with MSPB, the decision regarding whether to grant or deny a 
request, and the details and conditions of the reasonable accommodation 
are all included in this system of records, pursuant to the Privacy 
Act, which will be included in MSPB's inventory.
    The Privacy Act embodies fair information practice principles in a 
statutory framework governing how Federal agencies collect, maintain, 
use, and disseminate individuals' records. The Privacy Act applies to 
records about individuals that are maintained in a ``system of 
records.'' A system of records is a group of any records under the 
control of an agency from which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. The Privacy Act 
defines an individual as a United States citizen or lawful permanent 
resident. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of MSPB by complying with MSPB Privacy Act regulations at 5 CFR 
part 1205, and following the procedures outlined in the Records Access, 
Contesting Record, and Notification Procedures sections of this notice. 
The Privacy Act requires each agency to publish in the Federal Register 
a description denoting the existence and character of each system of 
records that the agency maintains and the routine uses of each system. 
The new Reasonable Accommodations System of Records Notice is published 
in its entirety below. In accordance with the Privacy Act, 5 U.S.C. 
552a(r), and OMB Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act'' (Dec. 2016), 
MSPB has submitted a report of a new system of records to the Office of 
Management and Budget and Congress.

Jennifer Everling,
Acting Clerk of the Board, U.S. Merit Systems Protection Board.

SYSTEM NAME AND NUMBER:
    MSPB--3, Reasonable Accommodations.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained by the Office of Equal Employment 
Opportunity, U.S. Merit Systems Protection Board, 1615 M Street NW, 
Washington, DC 20419. Records may be located in locked cabinets and 
offices, on MSPB's local area network, or in designated U.S. data 
centers for cloud service providers certified by the Federal Risk and 
Authorization Management Program or FedRAMP.

SYSTEM MANAGER(S):
    Director of the Office of Equal Employment Opportunity, U.S. Merit 
Systems Protection Board, 1615 M Street NW, Washington, DC 20419, 
[email protected].

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 1630 (Regulations 
To Implement the Equal Employment Provisions of the Americans With 
Disabilities Act); 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 MSPB to collect 
and maintain records on applicants for employment and employees who 
request or receive reasonable accommodations or other appropriate 
modifications from MSPB for medical or religious reasons; to process, 
evaluate, and make decisions on individual requests; and to track and 
report the processing of such requests MSPB-wide to comply with 
applicable requirements in law, regulation, and policy, and to maintain 
the confidentiality of the information provided in support of the 
accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for MSPB employment and former and current MSPB 
employees who requested and/or received reasonable accommodations or 
other appropriate modifications from MSPB for medical or religious 
reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Requester status (applicant or former or current employee);
    2. Requester name;
    3. Date of request;
    4. Employee's position title, grade, series, step, and agency 
component;
    5. Position title, grade, series, step of the position, and agency 
component the requester is applying for (if applicable);
    6. Requester's contact information (addresses, phone numbers, and 
email addresses);
    7. Name and contact information of medical professionals or 
religious or spiritual advisors or institutions;
    8. Description of the requester's medical condition or disability 
and any medical documentation provided in support of the request;

[[Page 73003]]

    9. 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;
    10. Description of the accommodation being requested;
    11. Description of previous requests for accommodation and 
dispositions;
    12. Documentation by an MSPB 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 MSPB 
official from meeting the relevant timeframe;
    13. Whether the request for reasonable accommodation was granted or 
denied, and if denied the reason(s) for denial;
    14. The identity of the decision-maker for the request;
    15. The number of days taken to process the request;
    16. The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
    17. Any reports or evaluations prepared in determining whether to 
grant or deny the request; and
    18. Any other information collected or developed in connection with 
the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information is obtained from applicants for employment and 
employees who request and/or receive a reasonable accommodation or 
other appropriate modification from MSPB, 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 MSPB as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys; or another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party or potential party or the party's or potential party's 
authorized representative 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) MSPB, or any component thereof;
    (2) Any employee or former employee of MSPB in his or her official 
capacity;
    (3) Any employee or former employee of MSPB in his or her 
individual capacity where the Department of Justice or MSPB has agreed 
to represent the employee; or
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the MSPB General Counsel's approval, pursuant to 5 CFR part 1216 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 or is relevant to a 
violation or potential violation of civil or criminal law or 
regulation.
    c. To a member of Congress or the White House from the record of an 
individual in response to an inquiry made at the request of the 
individual to whom the record pertains.
    d. To the National Archives and Records Administration (NARA) in 
records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    e. To appropriate agencies, entities, and persons when (1) MSPB 
suspects or has confirmed that there has been a breach of the system of 
records; (2) MSPB has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, MSPB 
(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 MSPB'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 MSPB 
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.
    g. To contractors, grantees, experts, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for MSPB when MSPB 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 MSPB 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 or administrative law judge, equal 
employment opportunity investigator, arbitrator, or other duly 
authorized official engaged 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 requests for reasonable accommodation, 
and to evaluate and report on the agency's performance responding to 
requests for 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, medical, and safety personnel if the individual's 
medical condition requires emergency treatment.
    m. To another Federal agency or oversight body charged with 
evaluating MSPB's compliance with the laws, regulations, and policies 
governing reasonable accommodation requests.
    n. To another Federal agency pursuant to a written agreement with 
MSPB to provide services (such as medical evaluations), when necessary, 
in support of reasonable accommodation decisions.

[[Page 73004]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system are stored electronically on MSPB's 
local area network or with FedRAMP-authorized cloud service providers. 
Access is limited to a small number of authorized personnel at MSPB. In 
addition, if paper records exist, they 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 
identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records maintained in this system of records are subject to 
NARA General Records Schedule (GRS) 2.3 (Employee Relations Records), 
Item 20 (Reasonable accommodation case files). NARA GRS 2.3 instructs 
disposition three years after employee 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:
    Records in the system are protected from unauthorized access and 
misuse through various administrative, technical, and physical security 
measures, such as access controls, mandatory security and privacy 
training, encryption, multi-factor authentication, security guards, and 
locked offices.

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 Office of 
the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M 
Street NW, Washington, DC 20419. Individuals requesting access must 
comply with MSPB's Privacy Act regulations regarding verification of 
identity and access to records (5 CFR part 1205).

CONTESTING RECORD PROCEDURES:
    Individuals may request that records about them be amended by 
writing to the Office of the Clerk of the Board, U.S. Merit Systems 
Protection Board, 1615 M Street NW, Washington, DC 20419. Individuals 
requesting amendment must follow MSPB's Privacy Act regulations 
regarding verification of identity and amendment to records (5 CFR part 
1205).

NOTIFICATION PROCEDURES:
    See Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2021-27874 Filed 12-22-21; 8:45 am]
BILLING CODE 7400-01-P