Notice2021-25327
Privacy Act of 1974: New System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 19, 2021
Issuing agencies
Peace Corps
Abstract
Peace Corps proposes to add a new system of records to its inventory of records systems subject to the Privacy Act of 1974. The purpose of this system is to allow the Peace Corps to collect and maintain records related to an individual's request and receipt of reasonable accommodations through the Office of Civil Rights and Diversity. Individuals include applicants, current, and former civilian personnel, interns, and Peace Corps Volunteers, and third-party individuals who either assist an individual in the application process, or professionals in a medical, health, or specialized field who provide information about the individual related to the reasonable accommodation request.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64966-64968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25327]
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PEACE CORPS
Privacy Act of 1974: New System of Records
AGENCY: Peace Corps.
ACTION: Notice of a new system of records.
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SUMMARY: Peace Corps proposes to add a new system of records to its
inventory of records systems subject to the Privacy Act of 1974. The
purpose of this system is to allow the Peace Corps to collect and
maintain records related to an individual's request and receipt of
reasonable accommodations through the Office of Civil Rights and
Diversity. Individuals include applicants, current, and former civilian
personnel, interns, and Peace Corps Volunteers, and third-party
individuals who either assist an individual in the application process,
or professionals in a medical, health, or specialized field who provide
information about the individual related to the reasonable
accommodation request.
DATES: This new system of records is effective upon publication;
however, comments on the Routine Uses will be accepted on or before
December 20, 2021. The Routine Uses are effective at the close of the
comment period.
ADDRESSES: Send written comments, identified by the docket number and
title, to the Peace Corps, ATTN: Virginia Burke, FOIA/Privacy Act
Officer, 1275 First Street NE, Washington, DC 20526, or by email at
<a href="/cdn-cgi/l/email-protection#6414070216241401050701070b1614174a030b12"><span class="__cf_email__" data-cfemail="69190a0f1b29190c080a0c0a061b191a470e061f">[email protected]</span></a>. Email comments must be made in text and not in
attachments.
FOR FURTHER INFORMATION CONTACT: Virginia Burke, FOIA/Privacy Act
Officer, 1275 First Street NE, Washington, DC 20526;
<a href="/cdn-cgi/l/email-protection#8bfbe8edf9cbfbeeeae8eee8e4f9fbf8a5ece4fd"><span class="__cf_email__" data-cfemail="0171626773417164606264626e7371722f666e77">[email protected]</span></a>; or 202-692-1887.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the Peace Corps proposes to establish a new system of records titled,
``PC-27, Reasonable Accommodations Request Records.'' This system of
records covers Peace Corps' collection and maintenance of records from
applicants for employment, internships, Peace Corps Volunteer
positions, current and former employees, interns, and Peace Corps
Volunteers, third-party professionals, and any third-party participants
engaged in Peace Corps activities who request and receive reasonable
accommodations for a disability, or for medical or religious reasons.
Records may include information on individuals' vaccination status and
information to support a request for reasonable accommodation based on
a disability, medical, or sincerely held religious belief.
Dated: November 15, 2021.
Virginia Burke,
FOIA/Privacy Act Officer.
PC-37--Peace Corps
SYSTEM NAME AND NUMBER:
Reasonable Accommodation Requests, PC-37.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Civil Rights and Diversity, Peace Corps, 1275 First
Street NE, Washington, DC 20526. Some documents related to requests for
reasonable accommodations may also be located in an electronic file in
the Office of Human Resources at the same address.
SYSTEM MANAGER(S):
Director, Office of Civil Rights and Diversity, Peace Corps, 1275
First Street NE, Washington, DC 20526.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Peace Corps Act, as amended (22 U.S.C. 2503); the
Rehabilitation Act of 1973, as amended (29 U.S.C. 791); Title VII of
the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e); Civil
Rights Act of 1991 42 U.S.C. 1981; 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; E.O. 13548, Increasing Federal Employment of
Individuals with Disabilities, and Executive Order 14043: Requiring
Coronavirus Disease 2019 Vaccination for Federal Employees.
PURPOSE OF THE SYSTEM:
The purpose of this system is to document and manage the agency's
receipt, review, approval or denial decision, and implementation of an
individual's reasonable accommodation request under the Rehabilitation
Act of 1973, as amended, Title VII of the Civil Rights Act, as amended,
and the 1991 Civil Rights Act. The purpose is also to allow the agency
to collect and maintain records on applicants for employment as well as
employees with disability, medical condition or because of their
religious beliefs, practice or observance who request or receive
reasonable accommodations as required by the Rehabilitation Act of
1973, as amended, and Title VII of the Civil Rights Act, as amended,
and the 1991 Civil Rights Act. This system will also track and report
the processing of requests for reasonable accommodation to comply with
applicable law and regulations and to preserve and maintain
confidentiality of the records.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by the system are Peace Corps
applicants, personnel, or public participants in a Peace Corps activity
who request a reasonable accommodations on the bases of a disability,
medical condition or for religious reasons. This includes federal job
and internship applicants, current and former federal employees,
political appointees, experts, and interns; Peace Corps Volunteer
applicants, Peace Corps Volunteers, and Returned Peace Corps
Volunteers; covered federal employees as defined in 5 U.S.C. 2105 to be
fully vaccinated against COVID-19, and third parties who represent or
advocate for or on the behalf of the requesting individual, or who
participate in a Peace Corps activity or program.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include the requesting
individual's reasonable accommodation request form, the individual's
supporting documentation for disability, or medical condition, medical
records, medical notes or letters, the requested accommodation,
information involving medical devices, impairments, disability type,
and disability condition. Requests for accommodation for religious
reasons may include documents related to support the request for
religious accommodation including documents from third parties.
The categories of records also may include documents that describe
the type of accommodation, documents that approve or deny the
reasonable accommodation request; documents or information about the
implementation of the accommodation request, emails, notes, letter and
memoranda regarding the request for accommodation.
Identifying information includes the requesting individual's first
and last name, office name and location; work email address and
telephone numbers, employee position and grade; supervisor's full name,
email address,
[[Page 64967]]
phone number, office name; a third-party advocate's first and last name
and contact information; a health care provider's full name, work
address, work phone number, fax number, work email address and
signature; full name and office of personnel processing requests; the
information related to the accommodation request such as medical or
disability information, and religious affiliation, belief, practice, or
observance for a religious accommodation request.
RECORD SOURCE CATEGORIES:
The information sources include individuals requesting reasonable
accommodations, healthcare providers or supporting professionals,
advocates for the individual; and Peace Corps personnel who participate
in evaluation, review, determination, and implementation of a
reasonable accommodation request.
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, the Peace Corps may disclose all or a
portion of the records or information contained in this system without
the consent of the subject individual may be disclosed if the
disclosure is compatible with the purpose for which the record was
collected outside the Peace Corps as a routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
A. Disclosure for Law Enforcement Purposes. Information may be
disclosed to the appropriate Federal, State, local, or foreign agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information indicates a
violation or potential violation of civil or criminal law or regulation
within the jurisdiction of the receiving entity.
B. Disclosure Incident to Requesting Information. Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, or to identify the type of
information requested); when necessary to obtain information relevant
to a Peace Corps decision concerning retention of an employee or other
personnel action (other than hiring), retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant or other benefit.
C. Disclosure to Requesting Agency. Information may be disclosed to
a Federal, State, local, or other public authority of the fact that
this system of records contains information relevant to the requesting
agency's retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
license, grant, or other benefit. The other agency or licensing
organization may then make a request supported by the written consent
of the individual for part or all of the record if it so chooses. No
disclosure will be made unless the information has been determined to
be sufficiently reliable to support a referral to another office within
the agency or to another Federal agency for criminal, civil,
administrative, personnel, or regulatory action.
D. Disclosure to Office of Management and Budget. Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
E. Disclosure to Congressional Offices. Information 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.
F. Disclosure to Department of Justice. Information may be
disclosed for purposes of litigation, provided that in each case the
disclosure is compatible with the purpose for which the records were
collected. Disclosure for these purposes may be made to the Department
of Justice, or in a proceeding before a court, adjudicative body, or
other administrative body before which the Peace Corps is authorized to
appear. This disclosure may be made when: 1. The Peace Corps, or any
component thereof; 2. Any employee of the Peace Corps in his or her
official capacity; 3. Any employee of the Peace Corps in his or her
individual capacity where the Department of Justice or the Peace Corps
has agreed to represent the employee; or 4. The United States (when the
Peace Corps determines that litigation is likely to affect the Peace
Corps or any of its components) is a party to litigation or has an
interest in such litigation, and the use of such records by the
Department of Justice or the Peace Corps is deemed by the Peace Corps
to be relevant and necessary to the litigation.
G. Disclosure to the National Archives. Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
H. Disclosure to Contractors, Grantees, and Others. Information may
be disclosed to contractors, grantees, consultants, or Volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Peace Corps and who have a
need to have access to the information in the performance of their
duties or activities for the Peace Corps. When appropriate, recipients
will be required to comply with the requirements of the Privacy Act of
1974 as provided in 5 U.S.C. 552a(m).
I. Disclosures for Administrative Claims, Complaints, and Appeals.
Information may be disclosed to an authorized appeal grievance
examiner, formal complaints examiner, equal employment opportunity
investigator, arbitrator, or other person properly engaged in
investigation or settlement of an administrative grievance, complaint,
claim, or appeal filed by an employee, but only to the extent that the
information is relevant and necessary to the proceeding, Agencies that
may obtain information under this routine use include, but are not
limited to: The Office of Personnel Management, Office of Special
Counsel, Federal Labor Relations Authority, U.S. Equal Employment
Commission, and Office of Government Ethics.
J. Disclosure to the Office of Personnel Management. Information
may be disclosed to the Office of Personnel Management pursuant to that
agency's responsibility for evaluation and oversight of Federal
personnel management.
K. Disclosure in Connection with Litigation. Information may be
disclosed in connection with litigation or settlement discussions
regarding claims by or against the Peace Corps, including public
filings with a court, to the extent that disclosure of the information
is relevant and necessary to the litigation or discussions and except
where court orders are otherwise required under Section (b)(11) of the
Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
L. Disclosure to U.S. Ambassadors. Information from this system of
records may be disclosed to a U.S. Ambassador or his or her designee in
a country where the Peace Corps serves when the information is needed
to perform an official responsibility, to allow the Ambassador to
knowledgeably respond to official inquiries and deal with in- country
situations that are within the scope of the Ambassador's
responsibility.
M. Disclosure to appropriate agencies, entities, and persons when
(1) the Peace Corps suspects or has confirmed that there has been a
breach of the system of records; (2) the Peace Corps has determined
that as a result of the suspected or confirmed breach, there is a risk
of harm to individuals, the Peace
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Corps (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 the Peace Corps' efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
N. Disclosure another Federal agency or Federal entity, when the
Peace Corps 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.
O. Disclosures to Public Health Agencies and Authorities,
individuals records' may be disclosed to federal, state, local, and
Tribal health departments, other cooperating medical authorities, or
other appropriate entities or organizations, in order for them to take
measures to control, prevent, or treat communicable disease; and to
deal more effectively with contagious diseases and conditions of public
health.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
Peace Corps' database servers, hosted at the Peace Corps data center in
Ashburn, VA. Access to these servers are restricted to authorized
government personnel. Paper records are stored in a locked metal file
cabinet.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Reasonable Accommodation Requests records and information may be
retrieved by an individual's name, Employee ID number, assigned office,
and date of request.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retired and destroyed in accordance with the Peace
Corps' published record disposition schedules that are approved by the
National Archives and Records Administration. Records in this system
are subject to General Records Schedule (GRS) for ``Reasonable
Accommodation Program Files,'' disposition authority: DAA-GRS-2018-
0002-0001, GRS 2.3, item 010, and will be retained for three years
unless a business use is identified that requires a longer retention.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The Peace Corps safeguards records in this system in accordance
with applicable laws, rules and policies to protect personally
identifiable information against unauthorized access or disclosure. The
Peace Corps has imposed strict controls to minimize such risks.
Administrative safeguards include but not limited to: Access to the
records in this system is limited to authorized personnel who need to
know the information to perform official duties, and whose roles have
been authorized with such access permissions. All such individuals
receive the appropriate privacy and cybersecurity training on an annual
basis.
The physical controls in place include the servers storing
electronic data are located offsite in a locked facility with access
limited to authorized personnel. The servers are maintained in
accordance with a government contract that requires adherence to
applicable laws, rules, and policies on protecting individual privacy.
The technical controls in place include multiple firewalls, system
access, encrypted data at rest, encrypted data in motion, periodic
vulnerability scans to ensure security compliance, and security access
logs. Security complies with applicable Federal Information Processing
Standards (FIPS) issued by the National Institute of Standards and
Technology (NIST). Access is restricted to specific authorized Peace
Corps individuals who have internet access through work computers using
a Personally Identity Verification (PIV) or an assigned RSA token for
general login access. Individual users can only access records with the
proper pre-approved accreditation.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 22 CFR part 308. Individuals should address written
inquiries to the Privacy Officer at <a href="/cdn-cgi/l/email-protection#62242d2b23221207030107010d1012114c050d14"><span class="__cf_email__" data-cfemail="71373e3830310114101214121e0301025f161e07">[email protected]</span></a>. Provide a
signed written request containing the name and number of this system of
records notice along with the individual's full name, current address,
and email address. 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 may request that records about them be amended or
appeal an adverse decision by writing to the Peace Corps, Privacy Act
Officer, Privacy Act Office at 1275 First Street NE, Washington, DC
20526 or submitting an electronic request to <a href="/cdn-cgi/l/email-protection#581e17111918283d393b3d3b372a282b763f372e"><span class="__cf_email__" data-cfemail="0b4d44424a4b7b6e6a686e6864797b78256c647d">[email protected]</span></a> and
furnish the same information as required in the ``Record Access
Procedures'' (full name, identify the system of records, provide the
relevant signed declaration). In addition, clearly and concisely state
what information is being contested, the reasons for contesting it, and
the proposed amendment to the information sought.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-25327 Filed 11-18-21; 8:45 am]
BILLING CODE 6051-01-P
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