Notice2022-13057
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
June 17, 2022
Issuing agencies
Education Department
Abstract
In accordance with the Privacy Act of 1974, as amended (Privacy Act), the U.S. Department of Education (Department) is publishing this notice of a new system of records titled "Reasonable Accommodation Program Files" (RAPF) (18-17-01). This system contains records concerning reasonable accommodation requests on the basis of disability and religion under the Rehabilitation Act of 1973, as amended (Rehabilitation Act), Americans with Disabilities Act of 1990, as amended (ADA), and Title VII of the Civil Rights Act of 1964, as amended (Title VII), as applicable, that are submitted to the Department by covered individuals.
Full Text
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<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36477-36481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13057]
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DEPARTMENT OF EDUCATION
[Docket ID ED-OFO-0004-2022]
Privacy Act Of 1974; System of Records
AGENCY: Office of Finance and Operations, U.S. Department of Education.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the U.S. Department of Education (Department) is
publishing this notice of a new system of records titled ``Reasonable
Accommodation Program Files'' (RAPF) (18-17-01). This system contains
records concerning reasonable accommodation requests on the basis of
disability and religion under the Rehabilitation Act of 1973, as
amended (Rehabilitation Act), Americans with Disabilities Act of 1990,
as amended (ADA), and Title VII of the Civil Rights Act of 1964, as
amended (Title VII), as applicable, that are submitted to the
Department by covered individuals.
DATES: Submit your comments on this new system of records notice on or
before July 18, 2022.
This new system of records will become effective upon publication
in the Federal Register on June 17, 2022 unless the new system of
records notice needs to be changed as a result of public comment. The
routine uses listed in the paragraph titled ``ROUTINE USES OF RECORDS
MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF
SUCH USES'' will become effective on July 18, 2022, unless the new
system of records notice needs to be changed as a result of public
comment. The Department will publish any significant changes to the
system of records or routine uses resulting from public comment.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment
[[Page 36478]]
period. To ensure that we do not receive duplicate copies, please
submit your comments only once. In addition, please include the Docket
ID at the top of your comments.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to
submit your comments electronically. Information on using
<a href="http://Regulations.gov">Regulations.gov</a>, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``Help'' tab.
<bullet> Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this new system of records notice,
address them to: Michael Chew, Director, Office of Equal Employment
Opportunity Services, U.S. Department of Education, 400 Maryland Avenue
SW, Washington, DC 20202.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will supply an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Michael Chew, Director, Office of
Equal Employment Opportunity Services, U.S. Department of Education,
400 Maryland Avenue SW, Washington, DC 20202.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), you may call the Federal Relay Service at 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: This system of records contains records
concerning reasonable accommodation requests on the basis of disability
and religion under the Rehabilitation Act, ADA, and Title VII, as
applicable, submitted to the Department by covered individuals.
Individuals covered by this system of records are: current and former
Department employees; applicants for employment at the Department;
authorized representatives of the foregoing covered employees and
applicants (e.g., a family member or an attorney who is representing
them); and the foregoing covered employees' and applicants' medical
providers.
The system will be used to, among other things, process, track the
processing of, provide, and make decisions about these reasonable
accommodation requests to the extent necessary to ensure Department-
wide compliance with applicable laws and regulations while preserving
and maintaining the confidentiality of all information (e.g., medical
and religious information) submitted in support of such requests, to
the extent required by law.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Denise Carter,
Acting Assistant Secretary, Office of Finance and Operations.
For the reasons discussed in the preamble, the U.S. Department of
Education (Department) publishes a notice of a new system of records to
read as follows:
SYSTEM NAME AND NUMBER:
Reasonable Accommodation Program Files (RAPF) (18-17-01).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Equal Employment Opportunity Services (OEEOS), U.S.
Department of Education (Department), 400 Maryland Avenue SW,
Washington, DC 20202.
Federal Student Aid (FSA), U.S. Department of Education, 830 1st
Street NE, Washington, DC 20002.
Office of Inspector General (OIG), U.S. Department of Education,
550 12th Street SW, Potomac Center Plaza, Washington, DC 20202.
Clinical Health Services, Federal Occupational Health Program
Support Center (FOH), U.S. Department of Health and Human Services
(HHS), 7700 Wisconsin Avenue, Suite 7201, Bethesda, MD 20814
(contractor).
SYSTEM MANAGER(S):
Reasonable Accommodation Program Manager (RAPM), OEEOS, U.S.
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.
RAPM, FSA, U.S. Department of Education, 830 1st Street NE,
Washington, DC 20002.
RAPM, OIG, U.S. Department of Education, 550 12th Street SW,
Potomac Center Plaza, Washington, DC 20202
Occupational Medicine Consultant, Clinical Health Services, FOH,
HHS, 7700 Wisconsin Avenue, Suite 7201, Bethesda, MD 20814
(contractor).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Rehabilitation Act of 1973, as amended (29 U.S.C. 791 et seq.)
(Rehabilitation Act); Americans with Disabilities Act of 1990, as
amended (ADA) (42 U.S.C. 12101 et seq.); 29 CFR parts 1614, 1630, and
1640; Executive Order 13164 of July 26, 2000; Equal Employment
Opportunity Commission's Policy Guidance on Executive Order 13164:
Establishing Procedures to Facilitate the Provision of Reasonable
Accommodation, Directives Transmittal Number 915.003, issued October
20, 2000; Title VII of the Civil Rights Act of 1964, as amended (42
U.S.C. 2000e et seq.) (Title VII); Equal Employment Opportunity
Commission's Compliance Manual on Religious Discrimination, Directives
Transmittal Number 915.063, issued January 15, 2021; and, Executive
Order 14043 of September 9, 2021 (requiring, with certain exceptions,
COVID-19 vaccinations for all Federal employees).
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purposes of: (1)
processing, tracking the processing of, providing, and making decisions
about reasonable accommodation requests on the basis of disability and
religion under the Rehabilitation Act, ADA, and Title VII, as
applicable, submitted to the Department by covered individuals, to
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the extent that maintaining such records is necessary to ensure
Department-wide compliance with applicable laws and regulations while
preserving and maintaining the confidentiality of information (e.g.,
medical and religious information) submitted in support of such
requests, to the extent required by law; and (2) the Department's RAPMs
and OEEOS staff developing cumulative records, without individual
identifiers, to track the Department's performance concerning the
provision of reasonable accommodations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on the following categories of
individuals who request a reasonable accommodation from the Department
on the basis of a disability or religion under the Rehabilitation Act,
ADA, or Title VII, as applicable, including individuals who obtain
leave under the Family Medical Leave Act of 1993 (FMLA) as a reasonable
accommodation:
(1) Current and former Department employees;
(2) Applicants for employment at the Department;
(3) Persons authorized to represent the foregoing covered employees
and applicants (e.g., a family member or an attorney who is
representing them); and
(4) The medical providers of the foregoing covered employees and
applicants.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains the following records pertaining to
reasonable accommodation requests on the basis of disability and
religion under the Rehabilitation Act, ADA, and Title VII, as
applicable, made to the Department:
(1) Requestor's full name and contact information;
(2) Requestor's status vis-[agrave]-vis the Department (e.g.,
employee, employment applicant);
(3) Date of the request;
(4) If applicable, the date, time, location, and/or description or
title of the event, meeting, program, or activity conducted by the
Department for which the request is made;
(5) If applicable, the job or jobs (i.e., occupational series,
grade level, program office, and/or position description) for which the
request is made;
(6) Information concerning the nature of the disability or
religious belief and the need for a reasonable accommodation;
(7) Amount of time taken to process the request;
(8) Whether the request was granted, denied, or partially granted
and denied, the identity of the deciding official, and the reason(s)
for any denial or partial denial;
(9) Information about whether providing the requested accommodation
would present an undue hardship for the Department; and
(10) Sources of technical assistance consulted in identifying a
reasonable accommodation, including interim or alternative
accommodations.
Information concerning the nature of the disability or religious
belief and the need for the requested reasonable accommodation
includes:
(1) Documentation submitted to the Department by the requestor or
the requestor's representative in support of their reasonable
accommodation request;
(2) Type(s) and description(s) of the accommodation(s) requested;
(3) Cost(s) and expense(s) associated with the requested
accommodation; and
(4) How the requested reasonable accommodation would assist in a
requesting employee's or applicant's performance of their essential job
duties; otherwise eliminate a barrier to equal employment opportunity
caused by the disability or religious belief; and/or enable
participation in a meeting, event, program, or activity conducted by
the Department.
RECORD SOURCE CATEGORIES:
Information in this system is provided by covered individuals,
including current and former Department employees; applicants for
employment at the Department; covered employees' and applicants'
authorized representatives (e.g., a family member or an attorney who is
representing them); and the covered employees' and applicants' medical
providers. Information in this system also may be obtained from other
persons or entities from which data is obtained under routine uses set
forth below.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Under the Privacy Act of 1974, as amended (Privacy Act), the
Department may disclose individually identifiable information contained
in a record in this system of records under the routine uses listed in
this system of records without the consent of the individual if the
disclosure is compatible with the purpose(s) for which the record was
collected. Under the Privacy Act, the Department may make these
disclosures on a case-by-case basis or, if the Department has complied
with the computer matching requirements of the Privacy Act, under a
computer matching agreement. However, any disclosure made by the
Department of information from these records must also comply with any
confidentiality provision that is contained in any other applicable
Federal law, which may include Section 501 of the Rehabilitation Act
(Section 501), the ADA, or title II of the Genetic Information
Nondiscrimination Act of 2008 (GINA), 42 U.S.C. 2000ff et seq., and 29
CFR 1635.9. Section 501 prohibits the Department from discriminating
against qualified applicants or employees on the basis of disability
and further restricts how the Department must collect and maintain
information about the medical condition or history of applicants and
employees. Section 501 requires the Department to maintain such
information on separate forms and in separate medical files, to treat
it as a confidential medical record, and to disclose it only in very
limited circumstances that do not include all of the routine uses
listed below. 29 CFR 1630.14(b)(1), (c)(1), and (d)(1). See also 29
U.S.C. 791(f) (in part applying the standards under title I of the
Americans with Disabilities Act of 1990 to Section 501). GINA prohibits
the Department from discriminating on the basis of genetic information
in its employment decisions, requires that genetic information about
applicants, current employees, and former employees be maintained on
separate forms and in separate medical files, treated as confidential
medical records, and disclosed only in very limited circumstances that
do not include all of the routine uses listed below. The disclosure by
the Department of any information that is protected by the
confidentiality provision of another Federal law, such as Section 501
or the GINA, may only be made where the disclosure would be permissible
under both the Privacy Act and the confidentiality provision of such
other Federal law.
(1) Congressional Member Disclosure. The Department may disclose
information to a member of Congress and to their staff from the records
of an individual in response to an inquiry from the member made at the
written request of and on behalf of that individual. The member's right
to the information is no greater than the right of the individual who
requested the inquiry.
(2) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the parties listed in
sub-paragraphs (i) through (v) is involved in judicial or
administrative litigation or ADR, or has
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an interest in judicial or administrative litigation or ADR, the
Department may disclose certain records to the parties described in
paragraphs (b), (c), and (d) of this routine use under the conditions
specified in those paragraphs:
(i) The Department or any of its components;
(ii) Any Department employee in their official capacity;
(iii) Any Department employee in their individual capacity if the
U.S. Department of Justice (DOJ) agrees to or has been requested to
provide or arrange for representation for the employee;
(iv) Any Department employee in their individual capacity where the
Department has agreed to represent the employee; or
(v) The United States where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
judicial or administrative litigation or ADR, the Department may
disclose those records as a routine use to the DOJ.
(c) Adjudicative Disclosure. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, or to a person or entity designated
by the Department or otherwise empowered to resolve or mediate
disputes, is relevant and necessary to judicial or administrative
litigation or ADR, the Department may disclose those records as a
routine use to the adjudicative body, person, or entity.
(d) Disclosure to Parties, Counsel, Representatives, or Witnesses.
If the Department determines that disclosure of certain records is
relevant and necessary to judicial or administrative litigation or ADR,
the Department may disclose those records as a routine use to a party,
counsel, representative, or witness to the judicial or administrative
litigation or ADR.
(3) Enforcement Disclosure. If information in this system of
records, alone or in connection with other information, indicates a
violation or potential violation of any statutory, regulatory, or
legally binding requirement, the Department may disclose records to an
entity charged with investigating or prosecuting such violation or
potential violation.
(4) Employee Grievance, Complaint, or Conduct Disclosure. If a
record is relevant and necessary to an employee grievance, complaint,
or disciplinary action involving a present or former employee of the
Department, the Department may disclose a record in this system of
records in the course of investigation, fact-finding, or adjudication,
to any party to the grievance, complaint, or action; to the party's
counsel or representative; to a witness; or to a designated fact-
finder, mediator, or other person or entity designated to resolve
issues or decide the matter.
(5) Labor Organization Disclosure. The Department may disclose
records from this system of records to an arbitrator to resolve
disputes under a negotiated grievance procedure or to officials of
labor organizations recognized under 5 U.S.C. chapter 71 when relevant
and necessary to their duties of exclusive representation.
(6) Freedom of Information Act (FOIA) or Privacy Act Advice
Disclosure. The Department may disclose records to the DOJ or the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under FOIA or the Privacy Act.
(7) Contract Disclosure. If the Department contracts with an entity
for the purposes of performing any function that requires disclosure of
records in this system to the employees of the contractor, the
Department may disclose the records to those employees. As part of such
a contract, the Department shall require the contractor to agree to
establish and maintain safeguards to protect the security and
confidentiality of the disclosed records.
(8) Disclosure in the Course of Responding to a Breach of Data. The
Department may disclose records from this system to appropriate
agencies, entities, and persons when (a) the Department suspects or has
confirmed that there has been a breach of the system of records; (b)
the Department has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Department
(including its information systems, programs, and operations), the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Department's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
(9) Disclosure in Assisting Another Agency in Responding to a
Breach of Data. The Department may disclose records from this system to
another Federal agency or Federal entity when the Department determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (a) responding to a suspected
or confirmed breach or (b) 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.
(10) Investigative Disclosure. The Department may make disclosures
to officials of the Merit Systems Protection Board (MSPB), the Office
of the Special Counsel (OSC), and the Equal Employment Opportunity
Commission (EEOC) in connection with investigations of alleged or
possible discriminatory practices in the Federal Sector, examination of
Federal affirmative employment programs, or compliance by Federal
agencies with functions vested in the MSPB, OSC, or EEOC.
(11) National Archives and Records Administration Disclosure. The
Department may disclose records to the National Archives and Records
Administration for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are in hard copy (i.e., paper) and digital
or other electronic form. Digital and other electronic images are
stored on a storage area network on an encrypted server within a
secured and controlled environment. Records, whether paper or
electronic, may be stored in a separate, secure location at the
Department's headquarters or at the program office level.
If a Department employee requests a reasonable accommodation for a
disability, then medical documentation supporting their reasonable
accommodation request is kept in a confidential file, separate and
apart from the requesting employee's Official Personnel Folder and the
employee performance file.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the reasonable accommodation requestor's
name, reasonable accommodation request date, description or type of
reasonable accommodation requested, the Department program office's
name, and/or date or title of the meeting, event, program, or activity
conducted by the Department for which a reasonable accommodation was
requested.
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POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with General
Records Schedule (GRS) 2.3, Item 010 (DAA-GRS-2018-0002-0001) and Item
020 (DAA-GRS-2018-0002-0002). GRS 2.3, Item 010, requires destruction
of records when three (3) years old, with longer retention authorized
if records are required for business use. GRS 2.3, Item 020, requires
destruction of records three (3) years after a Department employee
separates from the Department or all appeals of a reasonable
accommodation decision have been concluded, whichever occurs later,
with longer retention authorized if records are required for business
use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All physical access to the Department's sites, and the site of the
Department's contractor, where this system of records is also
maintained, is controlled and monitored by security personnel who check
each individual entering the building for the individual's employee or
visitor badge. The computer systems employed by the Department offer a
high degree of resistance to tampering and circumvention. These
security systems limit data access to Department and contract staff on
a ``need to know'' basis and control individual users' ability to
access and alter records within the system. Direct access to this
system of records is limited to Reasonable Accommodation Program staff
or Department employees who have a need to know the data for the
performance of their official duties, and who have appropriate
clearances and permissions.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record regarding you in this system
of records, contact the system manager at the address listed above. You
must provide the system manager with the necessary particulars such as
your full, legal name, date of birth, work address, and any other
identifying information requested by the Department while processing
the request in order to distinguish between individuals with the same
name. Requesters must also specify, among other things, the records
sought. Your request must meet the requirements of the regulations at
34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in
this system of records, contact the system manager at the address
listed above. You must provide your full, legal name, and any other
identifying information requested by the Department while processing
the request to distinguish between individuals with the same name. You
must also specify, among other things, the particular records being
contested. Your request must meet the requirements of the regulations
at 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
this system of records, contact the system manager at the address
listed above. You must provide the system manager with the necessary
particulars such as your full, legal name, date of birth, work address,
and any other identifying information requested by the Department while
processing the request to distinguish between individuals with the same
name. Your request must meet the requirements of the regulations at 34
CFR 5b.5, including proof of identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2022-13057 Filed 6-16-22; 8:45 am]
BILLING CODE 4000-01-P
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</html>Indexed from Federal Register on June 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.