Notice2021-15601
Privacy Act of 1974; System of Records
Primary source
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Published
July 22, 2021
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, "Defense Reasonable Accommodation and Assistive Technology Records," DoD 0007. This system of records covers the DoD's maintenance of records about DoD civilian personnel and other individuals requesting or receiving reasonable accommodations or personal assistance services, and wounded, ill and injured Service Members on Active Duty requesting or receiving assistive technology solutions, hereafter referred to collectively as disability accommodation(s). The data includes information concerning the type(s) of accommodation requested and provided; nature of a requestor's condition; manner in which an accommodation, personal assistance service, or assistive technology solution assists a requestor; and acquisition or modification of equipment or assistive technology solutions, to include electronic devices. Additionally, the DoD is issuing a direct final rulemaking to exempt this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38692-38696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15601]
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DEPARTMENT OF DEFENSE
[Docket ID: DoD-2021-OS-0049]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
establishing a new Department-wide system of records titled, ``Defense
Reasonable Accommodation and Assistive Technology Records,'' DoD 0007.
This system of records covers the DoD's maintenance of records about
DoD civilian personnel and other individuals requesting or receiving
reasonable accommodations or personal assistance services, and wounded,
ill and injured Service Members on Active Duty requesting or receiving
assistive technology solutions, hereafter referred to collectively as
disability accommodation(s). The data includes information concerning
the type(s) of accommodation requested and provided; nature of a
requestor's condition; manner in which an accommodation, personal
assistance service, or assistive technology solution assists a
requestor; and acquisition or modification of equipment or assistive
technology solutions, to include electronic devices. Additionally, the
DoD is issuing a direct final rulemaking to exempt this system of
records from certain provisions of the Privacy Act, elsewhere in
today's issue of the Federal Register.
DATES: This new system of records is effective upon publication;
however, comments on the Routine Uses will be accepted on or before
August 23, 2021.
[[Page 38693]]
The Routine Uses are effective at the close of the comment period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: DoD cannot receive written comments at this time due
to the COVID-19 pandemic. Comments should be sent electronically to the
docket listed above.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Lyn Kirby, Defense Privacy, Civil
Liberties, and Transparency Division, Directorate for Oversight and
Compliance, Department of Defense, 4800 Mark Center Drive, Mailbox #24,
Suite 08D09, Alexandria, VA 22350-1700; <a href="/cdn-cgi/l/email-protection#632c30274d2733202f3727230e020a0f4d0e0a0f"><span class="__cf_email__" data-cfemail="d8978b9cf69c889b948c9c98b5b9b1b4f6b5b1b4">[email protected]</span></a>; (703) 571-
0070.
SUPPLEMENTARY INFORMATION:
I. Background
The DoD is establishing the Defense Reasonable Accommodations and
Assistive Technology Records, DoD 0007, as a DoD-wide Privacy Act
system of records. A DoD-wide system of records notice (SORN) supports
multiple DoD paper or electronic recordkeeping systems. DoD components
maintaining the same kind of information on individuals for the same
purpose maintain the system. The establishment of DoD-wide SORNs helps
the DoD standardize the rules governing the collection, maintenance,
use, and sharing of personal information in key areas across the
enterprise. DoD-wide SORNs also reduce duplicative and overlapping
SORNs published by separate DoD components. The creation of DoD-wide
SORNs is expected to make locating relevant SORNs easier for DoD
personnel and the public and create efficiencies in the operation of
the DoD privacy program.
This SORN describes reasonable accommodation and assistive
technology records maintained by all component parts of the DoD,
wherever they are maintained. The system covers both electronic and
paper records and will be used by DoD components and offices to
maintain records about accommodations based on disability requested by
or provided to employees and applicants for employment and participants
in DoD programs and activities. The Rehabilitation Act of 1973, as
amended, generally requires Federal agencies to provide accommodations
which enable individuals with disabilities to perform DoD employment
and participate in DoD programs and activities, unless such
accommodation would impose an undue burden. In addition, DoD's
Computer/Electronic Accommodations Program (CAP) provides assistive
(computer/electronic) technology solutions to individuals--including
injured, wounded, or ill Service members--with hearing, vision,
dexterity, cognitive, and/or communications impairments in the form of
an accessible work environment. This also includes the request and
delivery of personal assistance services for covered individuals. Such
disability accommodations include: (1) Making existing facilities
readily accessible to and usable by individuals with disabilities; (2)
job restructuring, modification of work schedules or place of work,
extended leave, telecommuting, or reassignment to a vacant position;
and/or (3) acquisition or modification of equipment or devices,
including computer software and hardware, appropriate adjustments or
modifications of examinations, training materials or policies, the
provision of qualified readers and/or interpreters, personal
assistants, service animals, and other similar accommodations.
Additionally, the DoD is issuing a Direct Final Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in today's issue of the Federal Register.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
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. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
The DoD notices for systems of records subject to the Privacy Act
of 1974, as amended, have been published in the Federal Register and
are available from the address in FOR FURTHER INFORMATION CONTACT or at
the Defense Privacy, Civil Liberties, and Transparency Division website
at <a href="https://dpcld.defense.gov">https://dpcld.defense.gov</a>.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, the DoD has provided a report of this
system of records to OMB and to Congress.
Dated: July 19, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Defense Reasonable Accommodations and Assistive Technology Records,
DoD 0007.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented and overseen by
the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGERS:
The system managers are as follows:
A. Deputy Director, Computer/Electronic Accommodations Program,
4800 Mark Center Drive, Suite 05E22, Alexandria, VA 22350-3100,
<a href="/cdn-cgi/l/email-protection#b3d0d2c3f3ded2dadf9ddedadf"><span class="__cf_email__" data-cfemail="fc9f9d8cbc919d9590d2919590">[email protected]</span></a>.
B. Deputy Assistant Secretary of the Army, Command & Leadership
Policy and Programs Division, Equity and Inclusion Agency, 1000
Defense, Pentagon, Washington DC 20301-1100.
C. Disability Program Manager, Department of the Air Force, 1000
Defense, Pentagon, Washington DC 20301-1100, usaf.pentagon.af-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a7c69689cac5df89c696d6f8d0c8d5ccc1cbc8d0e7cac6cecb89cacecb">[email protected]</a>.
D. Chief of Naval Personnel, Navy Inclusion and Diversity, 701
South Courthouse Road, (Bldg. 12, Rm. 4R140), Arlington, VA 22204.
E. Marine Corps Community Services (MCCS) Human Resources Program
Manager, Business and Support Services Division (MRG), Headquarters,
United States Marine Corps, 3044 Catlin Avenue, Quantico, VA 22134-5003
or by phone at 703-432-0433/0431.
To contact the system manager at the Combatant Commands or other
Defense Agencies with oversight of the records, visit <a href="http://www.FOIA.gov">www.FOIA.gov</a> to
locate the contact information for each component's Freedom of
Information Act (FOIA) office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 136, Under Secretary
of
[[Page 38694]]
Defense for Personnel and Readiness; 10 U.S.C. 1582, Assistive
Technology, Assistive Technology Devices, and Assistive Technology
Services; 29 U.S.C. 791, Employment of Individuals with Disabilities;
29 U.S.C. 794d, Electronic and Information Technology; Executive Order
(E.O.) 13163, Increasing the Opportunities for Individuals with
Disabilities to be Employed in the Federal Government; E.O. 13164,
Requiring Federal Agencies to Establish Procedures to Facilitate the
Provision of Reasonable Accommodation; 29 CFR 1614.203, Rehabilitation
Act; DoD Directive 1020.1, Nondiscrimination on the Basis of Handicap
in Programs and Activities Assisted or Conducted by the Department of
Defense; and DoD Instruction 6025.22, Assistive Technology (AT) for
Wounded, Ill, and Injured Service Members.
PURPOSE(S) OF THE SYSTEM:
To support the receipt, review, and evaluation of requests made to
DoD for reasonable accommodation(s) (regardless of type of
accommodation), personal assistance services, or assistive technology
solutions (collectively referred to below as disability
accommodation(s)), the outcome of such requests, and the implementation
of approved accommodations and personal assistance services. To track
performance in regard to the provision of disability accommodations by
the Department and/or components.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals requesting disability accommodations sponsored or
administered by the DoD, which includes DoD civilian employees
(including non-appropriated fund employees and the DoD personnel
employed or assigned outside of the contiguous United States hires,
also known as local national employees); wounded, ill and injured
Service Members on Active Duty who can be accommodated with assistive
technology solutions; individuals participating in the DoD Computer/
Electronic Accommodations Program (CAP) (including employees of CAP-
partnering organizations and Federal entities); and other individuals
affiliated with the DoD.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include information regarding individuals
requesting disability accommodations. Records include:
A. Personal and work related information, such as name, DoD ID
number, status (applicant or current employee), address(es), phone,
email, official duty telephone number, occupational series, grade
level, worker compensation claims number, date request was initiated,
supervisor's name and phone number.
B. Reason the accommodation is requested, including supporting
documentation and related materials that substantiate the request for
accommodation, type(s) of accommodation requested, type(s) of
accommodation provided, whether medical or other appropriate supporting
documentation was required to process the request, how the requested
accommodation would assist in job performance, and the sources of
technical assistance consulted in trying to identify possible
accommodation, documents detailing the final decision for the requested
accommodation, appeals, claims, and complaints.
C. Specific information regarding the condition which serves as the
basis for the request, including but not limited to the characteristics
of impairment, job function difficulties, current limitation(s), past
accommodation(s), specific accommodation(s), permanent or temporary
nature of condition(s), major life activities impacted by the
condition, and duration of condition.
D. Documentation, including medical documentation, substantiating
the need for the accommodation.
E. Information about assistive devices and technology evaluated or
selected; prior assistive solutions provided to the individual; vendor
information; and acquisition or modification data.
F. Records associated with personal assistance services provided to
individuals with targeted disabilities assistance.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from individuals requesting disability accommodations,
rehabilitation counselors, healthcare providers, and DoD personnel who
participate in the receipt, evaluation, review, decision and
implementation of reasonable accommodation requests, such as hiring
officials, human resource officials, supervisors and managers,
reasonable accommodation officials, attorneys, and deciding officials.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Note: Medical information collected in support of the reasonable
accommodation process is subject to confidentiality requirements.
Agencies may share medical information within the DoD only on an as-
needed basis for purposes of resolving and implementing requests for
reasonable accommodations and assistive technology solutions. In
addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
[[Page 38695]]
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
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.
I. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
J. To an authorized appeal grievance examiner, formal complaints
examiner, administrative 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 employee.
K. Disclosure of medical condition or history information to
authorized government officials for the purpose of conducting an
investigation into DoD's compliance with the Rehabilitation Act.
L. Disclosure of medical condition or history information to first
aid and safety personnel in the event an employee's medical condition
might require emergency treatment or special procedures.
M. To Federal agencies/entities participating in the DoD CAP to
permit the agency to carry out its responsibilities under the program.
N. To commercial vendors to permit the vendor to identify and
provide assistive technology solutions for individuals with
disabilities.
O. To any agency, organization or person for the purposes of
performing audit or oversight operations related to the operation of
this system of records as authorized by law, but only information
necessary and relevant to such audit or oversight function.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. Electronic records
may be stored locally on digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by requester name, DoD ID number, office/
workstation address, bureau/office, assigned case tracking number, and
disability accommodation request date.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
General Records Schedule 2.3 provides that reasonable accommodation
case files are retained for at least three years after employee
separation from the agency or all appeals are concluded, whichever is
later. If an individual files a claim of disability-related
discrimination or an action is brought by the Equal Employment
Opportunity Commission, all personnel records related to the claim will
be retained until final disposition.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, the DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. The DoD routinely
employs safeguards such as the following to information systems and
paper recordkeeping systems: Multifactor log-in authentication
including Common Access Card (CAC) authentication and password; Secret
internet Protocol Router (SIPR) token as required; physical and
technological access controls governing access to data; network
encryption to protect data transmitted over the network; disk
encryption securing disks storing data; key management services to
safeguard encryption keys; masking of sensitive data as practicable;
mandatory information assurance and privacy training for individuals
who will have access; identification, marking, and safeguarding of PII;
physical access safeguards including multifactor identification
physical access controls, detection and electronic alert systems for
access to servers and other network infrastructure; and electronic
intrusion detection systems in DoD facilities.
Custodians of medical records in this system of records must have
the ability to protect this information from being accessed or
accessible by others without a need to know. This may involve providing
custodians with access to dedicated machines for copying, printing, or
faxing; dedicated, secure file storage; and temporary or permanent
workspaces where telephone conversations cannot be overheard by those
without a need to know.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD office with oversight of the records. The public
may identify the contact information for the appropriate DoD office
through the following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written requests
should contain the name and number of this system of records notice
along with the full name, current address, and email mail address. In
addition, the requester must provide either a notarized statement or an
unsworn declaration made in accordance with 28 U.S.C. 1746, in the
appropriate format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
Individuals seeking to amend or correct the content of records
about them should follow the procedures in 32 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
[[Page 38696]]
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The DoD has exempted records maintained in this system from 5
U.S.C. 552a(c)(3); (d)(1), (2), (3), and (4); (e)(4)(G), (H), and (I);
and (f) pursuant to 5 U.S.C. 552a(k)(1). In addition, when exempt
records received from other systems of records become part of this
system, the DoD also claims the same exemptions for those records that
are claimed for the prior system(s) of records of which they were a
part, and claims any additional exemptions set forth here. An exemption
rule for this system has been promulgated in accordance with
requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e), and
published in 32 CFR part 310.
HISTORY:
None.
[FR Doc. 2021-15601 Filed 7-21-21; 8:45 am]
BILLING CODE 5001-06-P
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