Notice2021-26432
Privacy Act of 1974; 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
December 8, 2021
Effective
January 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency's (EPA), Office of the Administrator is giving notice that it proposes to modify the Reasonable Accommodation Management System (RAMS) pursuant to the provisions of the Privacy Act of 1974. This system of records stores and maintains reasonable accommodation request files for EPA employees and applicants for employment. EPA is updating the RAMS SORN to reflect the explicit inclusion of requests for religious accommodations in addition to medical accommodations.
Full Text
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<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69639-69643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26432]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9285-01-OMS]
Privacy Act of 1974; System of Records
AGENCY: Office of the Administrator (OA), Environmental Protection
Agency (EPA).
ACTION: Notice of a modified system of records.
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SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
the Administrator is giving notice that it proposes to modify the
Reasonable Accommodation Management System (RAMS) pursuant to the
provisions of the Privacy Act of 1974. This system of records stores
and maintains reasonable accommodation request files for EPA employees
and applicants for employment. EPA is updating the RAMS SORN to reflect
the explicit inclusion of requests for religious accommodations in
addition to medical accommodations.
DATES: Persons wishing to comment on this system of records notice must
do so by January 7, 2022. New or modified routine uses for this
modified system of records will be effective January 7, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0536, by one of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online
instructions for submitting comments.
Email: <a href="/cdn-cgi/l/email-protection#58373d31763c373b333d2c183d2839763f372e"><span class="__cf_email__" data-cfemail="78171d11561c171b131d0c381d0819561f170e">[email protected]</span></a>.
Fax: 202-566-1752.
Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2017-0536. The EPA policy is that all comments received will be
included in the public docket without change and may be made available
online at <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information
provided, unless the comment includes information claimed to be
Controlled Unclassified Information (CUI) or other information for
which disclosure is restricted by statute. Do not submit information
that you consider to be CUI or otherwise protected through
<a href="http://www.regulations.gov">www.regulations.gov</a>. The <a href="http://www.regulations.gov">www.regulations.gov</a> website is an ``anonymous
access'' system for EPA, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. Each agency determines submission requirements within
their own internal processes and standards. EPA has no requirement of
personal information. If you send an email comment directly to the EPA
without going through <a href="http://www.regulations.gov">www.regulations.gov</a> your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should
[[Page 69640]]
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA public docket, visit the EPA Docket Center homepage at <a href="http://www.epa.gov/epahome/dockets.htm">http://www.epa.gov/epahome/dockets.htm</a>.
Docket: All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy at the OMS
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
NW, Washington. DC 20460. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OMS Docket is (202) 566-1752.
Temporary Hours During COVID-19
Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: For information related to medical
accommodation requests contact the National Reasonable Accommodation
Coordinators (NRACs) at <a href="/cdn-cgi/l/email-protection#d381b6b2a0bcbdb2b1bfb692b0b0bcbebebcb7b2a7babcbda093b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="4c1e292d3f23222d2e20290d2f2f23212123282d382523223f0c293c2d622b233a">[email protected]</span></a>. For
information related to religious accommodation requests contact Krysti
Wells, Director, Office of Customer Advocacy, Policy and Portfolio
Management (OCAPPM), <a href="/cdn-cgi/l/email-protection#c5b2a0a9a9b6ebaeb7bcb6b1ac85a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="ec9b8980809fc2879e959f9885ac899c8dc28b839a">[email protected]</span></a>, 202-564-6295.
SUPPLEMENTARY INFORMATION: EPA uses RAMS to store and maintain
information related to requests from individuals for reasonable
accommodations from the Agency, as necessary to ensure compliance with
applicable laws and regulations. Previously, RAMS covered information
on requests for accommodation based on disability. EPA is amending the
SORN so that in addition to these disability-related requests, the SORN
also explicitly covers requests based on an individual's religious
belief, practice, or observance. Additionally, EPA is adding coverage
for certain specific accommodation requests based on medical conditions
that may not qualify as a disability when such accommodations are
authorized (e.g. requests for temporary accommodation for a broken leg,
or a delay from the COVID-19 vaccination requirement). EPA is
additionally updating the SORN to reflect new requirements in Executive
Orders and federal guidance. Accordingly, EPA is updating the following
sections of the RAMS SORN: For Further Information Contact;
Supplementary Information; System Location; System Manager; Authority;
Purpose; Categories of Individuals Covered; Categories of Records;
Record Source Categories; Routine Uses; Policies and Practices for
Storage of Records; Policies And Practices For Retention And Disposal
Of Records; Administrative, Technical, And Physical Safeguards; Record
Access Procedure; Contesting Records Procedures, and Notification
Procedure.
The updates will allow the Agency to manage all reasonable
accommodation request information under the single updated RAMS SORN.
EPA will maintain information under the RAMS SORN in two sections--one
for medical accommodation request information and one for religious
accommodation request information. Medical information is maintained
separately from other personnel records.
SYSTEM NAME AND NUMBER:
Reasonable Accommodation Management System (RAMS), EPA-73.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Hard copy and electronic records are maintained at EPA
Headquarters, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and/or
at the EPA Regional Office and/or the local office of the requestor.
SYSTEM MANAGER(S):
OCAPPM Director, and NRACs, 1200 Pennsylvania Ave. NW, Washington,
DC 20460.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352); the
Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA)
and the ADA Amendments Act of 2008 (ADAAA) (Pub. L. 110-325); Executive
Order 13164, Requiring Federal Agencies To Establish Procedures To
Facilitate the Provision of Reasonable Accommodation (July 28, 2000);
Executive Order 13548, Increasing Federal Employment of Individuals
with Disabilities (July 26, 2010); Executive Order 14043, Requiring
Coronavirus Disease 2019 Vaccination for Federal Employees (Sept. 9,
2021); Executive Order 14042, Ensuring Adequate COVID Safety Protocols
for Federal Contractors (Sept. 9, 2021); Executive Order 13991,
Protecting the Federal Workforce and Requiring Mask-Wearing (Jan. 20,
2021); Executive Order 12196, Occupational Safety and Health Program
for Federal Employees (Feb. 26, 1980); 5 U.S.C. chs. 63, 79; 29 U.S.C.
654, 668, 42 U.S.C. 247d, 12101, 44 U.S.C. 3101, 5 CFR part 339, and 29
CFR part 1602; and Equal Employment Opportunity Commission (EEOC)
reasonable accommodation regulations and guidance.
PURPOSE OF THE SYSTEM:
EPA uses RAMS to collect and maintain information on reasonable
accommodation requests from EPA employees and applicants for
employment. Under Title VII of the Civil Rights Act, the Rehabilitation
Act, and the ADA and ADAAA, EPA must provide reasonable accommodations
to employees and applicants for employment for qualifying medical
disabilities and sincerely held religious beliefs and practices, unless
the accommodation would impose an undue hardship on the agency. In
certain authorized situations, EPA may provide accommodations to
individuals whose medical condition may not qualify as a disability.
Reasonable accommodations are modifications or adjustments that
will allow applicants and employees to apply for a job, perform job
duties, and/or enjoy the benefits and privileges of employment.
Reasonable accommodations may include, but are not limited to: (1)
Making existing facilities readily accessible to and usable by
individual with disabilities; (2) job restructuring, modification of
work schedules or place of work, extended leave, telecommuting, or
reassignment to a vacant position; (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 that enable the
[[Page 69641]]
individual to perform their job duties and enjoy the benefits and
privileges of employment, and other similar accommodations; and/or (4)
providing interpreters, large print programs, or other accommodations
for EPA events or activities open to employees, applicants, and/or the
public.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
EPA employees and applicants for employment at EPA who request a
reasonable accommodation (the ``Requestor''); individuals whom the
Requestor authorizes to submit information in support of their request;
and authorized individuals responsible for processing requests.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information collected in RAMS may include but is not limited to:
Email correspondence with the Requestor and authorized individuals
responsible for processing requests; documentation submitted in support
of a request consistent with EPA's Procedures for Providing Reasonable
Accommodation for EPA Employees and Applicants with Disabilities;
religious belief and practice information submitted in support of a
request; and accommodation determination documentation. Specific data
elements may include: Requestor name, work address, work phone, work
email address, office name, occupational series, pay grade, and
bargaining unit; accommodation requested, request date, work/
application activity limited by requesting condition; medical
information, religious information, disability status, determination
date, determination method, explanation of method, and decision-making
official name and title; and contact information for individuals whom
the Requestor authorizes to submit information in support of their
request and for authorized individuals responsible for processing
requests.
RECORD SOURCE CATEGORIES:
Information is obtained from: The Requestor; authorized individuals
responsible for processing requests; persons appointed by and/or acting
on the Requestor's behalf such as a union representative, colleague, or
spouse; the NRACs or the Local Reasonable Accommodation Coordinator
(LORAC), if there is one for the Requestor's office; the Requestor's
medical provider(s); and/or third parties attesting to the Requestor's
religious belief or practice (if submitted by or with permission of the
individual seeking the accommodation).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSE OF SUCH USES:
The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system:
A. Disclosure for Law Enforcement Purposes: Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
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 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 of the request, and to identify the type of
information requested) when necessary to obtain information relevant to
an agency decision concerning a personnel action (other than hiring),
such as retention of an employee, retention of a security clearance,
the letting of a contract, or the issuance or retention of a grant, or
other benefit.
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 to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
1. The Agency, or any component thereof;
2. Any employee of the Agency in his or her official capacity;
3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
4. The United States, if the Agency determines that litigation is
likely to affect the Agency 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 Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
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 Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency.
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, Merit Systems Protection Board, Federal Labor Relations
Authority, Equal Employment Opportunity 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 Agency, including public filing 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).
The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
L. Disclosure to Persons or Entities in Response to an actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) EPA suspects or has confirmed
that there has been a breach of the system of records, (2) EPA has
determined that as a result
[[Page 69642]]
of the suspected or confirmed breach there is a risk of harm to
individuals, EPA (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 EPA's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
M. Disclosure to Assist Another Agency in its Efforts to Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when EPA 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.
Additional routine uses that apply to this system are:
1. Disclosure for Mandatory Reporting Requirements: Information may
be disclosed to appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, to
the extent permitted by law, and in consultation with legal counsel, to
satisfy mandatory reporting requirements when applicable.
2. Disclosure to a Public Health Authority: Information may be
disclosed to: Federal agencies such as the Department of Health and
Human Services (HHS), State and local health departments, and other
public health or cooperating medical authorities in connection with
program activities and related collaborative efforts to deal more
effectively with exposures to communicable diseases or to combat public
health threats, and to satisfy mandatory reporting requirements when
applicable.
3. Disclosure to Governmental Organization: Information may be
disclosed to: Appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, to
the extent permitted by law, and in consultation with legal counsel,
for the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats.
4. Disclosure to Assisting Agency: Information may be disclosed to:
A Federal agency or entity authorized to procure assistive technologies
and services in response to a request for reasonable accommodation;
another Federal agency pursuant to a written agreement with EPA to
provide services (such as medical evaluations), when necessary, in
support of reasonable accommodation decisions.
5. Disclosure for Emergencies: Information may be disclosed to
first aid and safety personnel if the individual's medical condition
requires emergency treatment.
6. Disclosure to Oversight Body: Information may be disclosed to
another Federal agency or oversight body charged with evaluating EPA's
compliance with the laws, regulations, and policies governing
reasonable accommodation requests.
7. Disclosure to Hosting Entity: Information may be disclosed to an
entity that is hosting an individual receiving an accommodation in
order to provide continuation of that accommodation in the hosting
location.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are maintained in a secure password protected
environment on electronic storage devices, including internal servers
and local hardware devices (government furnished equipment laptops).
The electronic storage devices and any paper records are located at EPA
Headquarters, EPA Regional Offices, and/or the local office of the
Requestor. Paper records are maintained in file folders stored within
locking filing cabinets or locked rooms in secured facilities with
controlled access.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the Requestor's name, and/or a case
number that is assigned to the request in RAMS, and/or by office or
region.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records stored in this system are subject to EPA records schedule
number (EPA 0068), Reasonable Accommodation Request Records. A records
schedule provides mandatory instructions on how long to keep records
(retention) and when they can be disposed. Reasonable accommodation
records are retained until three years after an employee separates from
EPA or three years after an applicant made the request if they are not
hired.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Security controls used to protect personal sensitive data in RAMS
are commensurate with those required for an information system rated
MODERATE for confidentiality, integrity, and availability, as
prescribed in National Institute of Standards and Technology (NIST)
Special Publication, 800-53, ``Security and Privacy Controls for
Information Systems and Organizations,'' Revision 5.
1. Administrative Safeguards: EPA staff must complete annual agency
training for Information Security and Privacy. EPA instructs staff to
lock and secure their computers and offices, if applicable, when
unattended. All staff authorized to use RAMS are required to take
training on the proper handling of personally identifiable information
before using RAMS as well as annual Agency Information Security and
Privacy Awareness training.
2. Technical Safeguards: EPA staff authorized to access electronic
records are assigned permission levels. Permission level assignments
allow authorized users to access only those system functions and
records specific to their Agency work need. EPA also has technical
security measures including restrictions on computer access to
authorized individuals and required use of a personal identity
verification (PIV) card and password. Medical documentation is password
protected.
3. Physical Safeguards: Only authorized EPA staff have access to
paper files, which are stored within locking filing cabinets or locked
rooms in secured facilities with controlled access. Electronic storage
devices are maintained in secured facilities with controlled access.
RECORD ACCESS PROCEDURES:
All requests for access to personal records should cite the Privacy
Act of 1974 and reference the type of request being made (i.e.,
access). Requests must include: (1) The name and signature of the
individual making the request; (2) the name of the Privacy Act system
of records to which the request relates; (3) a statement whether a
personal inspection of the records or a copy of them by mail is
desired; and (4) proof of identity. A full description of EPA's Privacy
Act procedures for requesting access to records is available at 40 CFR
part 16.
CONTESTING RECORD PROCEDURES:
Requests for correction or amendment must include: (1) The name and
signature of the individual making the request; (2) the name of the
Privacy Act
[[Page 69643]]
system of records to which the request relates; (3) a description of
the information sought to be corrected or amended and the specific
reasons for the correction or amendment; and (4) proof of identity A
full description of EPA's Privacy Act procedures for the correction or
amendment of a record are described in EPA's Privacy Act regulations at
40 CFR part 16.
NOTIFICATION PROCEDURE:
Individuals who wish to be informed whether a Privacy Act system of
records maintained by EPA contains any record pertaining to them,
should make a written request to the EPA, Attn: Agency Privacy Officer,
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460,
<a href="/cdn-cgi/l/email-protection#d1a1a3b8a7b0b2a891b4a1b0ffb6bea7"><span class="__cf_email__" data-cfemail="2353514a5542405a634653420d444c55">[email protected]</span></a>.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The original system of records notice for RAMS was published in the
Federal Register on July 8, 2019 (84 FR 32456-32460).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-26432 Filed 12-7-21; 8:45 am]
BILLING CODE 6560-50-P
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