Privacy Act of 1974; System of Records, 70085-70087 [2016-24509]

Agencies

• Agency for International Development

[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70085-70087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24509]


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

AGENCY FOR INTERNATIONAL DEVELOPMENT


Privacy Act of 1974; System of Records

AGENCY: United States Agency for International Development

ACTION: New system of records notice.

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

SUMMARY: Pursuant to the Privacy Act, 5 U.S.C. 552a, the United States 
Agency for International Development (USAID) is issuing new public 
notice for a system of records entitled ``USAID-32 Reasonable 
Accommodation Records''. This action is necessary to meet the 
requirements of the Privacy Act, 5 U.S.C. 522a(e)(4), to publish in the 
Federal Register notice of the existence and character of record 
systems maintained by the agency.

DATES: In accordance with 5 U.S.C. 522a(e)(4) and (11), the public is 
given a 30-day period in which to comment. Therefore, any comments must 
be received on or before November 10, 2016. Unless comments are 
received that would require a revision, this altered system of records 
will become effective on November 10, 2016.

ADDRESSES: You may submit comments:

Electronic

     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions on the Web site for submitting comments.
     Email: privacy@usaid.gov.

Paper

     Fax: (703) 666-5670.
    Mail: Chief Privacy Officer, United States Agency for International 
Development, 1300 Pennsylvania Avenue NW., Washington, DC 20523.

FOR FURTHER INFORMATION CONTACT: The USAID Privacy Office at United 
States Agency for International Development, Bureau for Management, 
Office of the Chief Information Officer, Information Assurance 
Division, 1300 Pennsylvania Avenue NW., Washington, DC 20523; or via 
email at privacy@usaid.gov.

SUPPLEMENTARY INFORMATION: The Reasonable Accommodation Records system 
covers USAID reasonable accommodation activities related to current and 
former USAID employees and applicants. The Rehabilitation Act requires 
USAID to provide reasonable accommodation to qualified applicants and 
employees with disabilities if known or requested, unless the 
accommodation would impose undue hardship on USAID. Reasonable 
accommodations provide modifications or adjustments to: (1) The job 
application process that enables a qualified applicant with a 
disability to enjoy equal employment opportunities available to persons 
without disabilities; (2) the work environment; and/or (3) the manner 
in which a position is customarily performed. The Reasonable 
Accommodation Records system allows USAID to collect, use, maintain, 
and disseminate the records needed to process, manage, and resolve 
reasonable accommodation requests. Records include the requests, 
documentation related to the request, disposition of the requests, and 
reasonable accommodations provided by USAID.

    Dated: July 28, 2016.
Jon Brause,
Chief Privacy Officer, United States Agency for International 
Development.
USAID-32

SYSTEM NAME:
    Reasonable Accommodation Records.

SYSTEM LOCATION:
    Office of Civil Rights and Diversity, United States Agency for 
International Development (USAID), 1300 Pennsylvania Avenue NW., 
Washington, DC 20523-2120.

CATEGORIES OF INDIVIDUALS IN THE SYSTEM:
    Individuals who are current or former USAID employees and 
applicants, and who have requested reasonable accommodation under the 
Rehabilitation Act of 1973, as amended.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records contains information or documents compiled 
during the reasonable accommodation request process. These records may 
contain names, employment status, addresses, email addresses, telephone

[[Page 70086]]

numbers, occupational series, grade level, Agency office; the details 
of the reasonable accommodation request or emergency assistance 
request, type of accommodation requested, information concerning the 
nature of the disability and the need for accommodation, medical 
documentation, sources of technical assistance consulted to identify 
and procure reasonable accommodations, the details of the Agency 
determination; and any other information related to the request.

AUTHORITY FOR MAINTENANCE OF SYSTEM OF RECORDS:
    This system is established and is maintained pursuant to 5 U.S.C. 
301, Departmental Regulations; the Rehabilitation Act of 1973, 29 
U.S.C. 791; E.O. 13164--Requiring Federal Agencies To Establish 
Procedures To Facilitate the Provision of Reasonable Accommodation; and 
E.O. 13548, Increasing Federal Employment of Individuals with 
Disabilities

PURPOSE(S):
    The purpose of this system is to allow USAID to collect and 
maintain records on applicants and employees with disabilities who 
requested or received reasonable accommodation by the Agency as 
required by the Rehabilitation Act of 1973 and the Americans with 
Disabilities Act Amendments Act of 2008 (ADAAA). This system is 
maintained for the purpose of processing, deciding, and implementing 
requests for reasonable accommodation made by USAID employees and 
applicants. The purpose of this system is also to track and report the 
processing of requests for reasonable accommodation Agency-wide to 
comply with applicable law and regulations and to preserve and maintain 
the confidentiality of medical information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSEs OF SUCH USE:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records contained in this system of 
records may be disclosed outside USAID as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    (1) To the Department of Justice, (including United States Attorney 
Offices), or other appropriate Federal Government agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when it is necessary to the litigation and one of 
the following is a party to the litigation or has an interest in such 
litigation (1) USAID or any component thereof; (2) any employee of 
USAID in his/her official capacity; (3) any employee of USAID in his/
her individual capacity where DOJ or USAID has agreed to represent the 
employee; or (4) the United States or any agency thereof, is a party to 
the litigation or has an interest in such litigation, and USAID 
determines that the records are both relevant and necessary to the 
litigation and the use of such records is compatible with the purpose 
for which USAID collected the records.
    (2) To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    (3) To the National Archives and Records Administration (NARA) or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    (4) To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    (5) To appropriate agencies, entities, and persons when (1) USAID 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Agency has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by USAID or 
another agency or entity) or harm to the individual that rely upon the 
compromised information; and (3) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with USAID's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    (6) To contractors and their agents, grantees, experts, 
consultants, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for USAID, when 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use is 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to USAID officers and employees.
    (7) To an appropriate federal, state, or local law enforcement 
agency or other appropriate authority charged with investigating or 
prosecuting a violation or enforcing or implementing a law, rule, 
regulation, or order, where a record, either on its face or in 
conjunction with other information, indicates a violation or potential 
violation of law, which includes criminal, civil, or regulatory 
violations and such disclosure is proper and consistent with the 
official duties of the person making the disclosure.
    (8) To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations or in connection with criminal law proceedings 
or in response to a subpoena from a court of competent jurisdiction.
    (9) To another federal agency or commission with responsibility for 
labor or employment relations or other issues, including equal 
employment opportunity and reasonable accommodation issues, when that 
agency or commission has jurisdiction over reasonable accommodation.
    (10) To appropriate third parties contracted by USAID to facilitate 
mediation or other dispute resolution procedures or programs.
    (11) To a Federal agency or entity that requires information 
relevant or related to a reasonable accommodation decision and/or its 
implementation.
    (12) To medical personnel and first responders, to meet a bona fide 
emergency, including medical emergencies.
    (13) To attorneys, union representatives, or other persons 
designated by USAID employees in writing to represent them in a 
grievance, complaint, appeal, or litigation case.
    (14) 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.
    (15) To labor organization officials when such information is 
relevant to personnel policies affecting employment conditions and 
necessary for exclusive representation by the labor organization.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Records in this system are stored on paper and/or electronic form; 
and are maintained in locked cabinets and/or user-authenticated, 
password-protected systems.

[[Page 70087]]

RETRIEVABILITY:
    Records are retrieved by the names of the individuals about whom 
they are maintained and/or the number assigned to the accommodation 
request. In the case of electronic databases, information may be 
retrieved by other identifying search terms.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules and policies, including the Agency's automated 
directive system (ADS). In general, records are maintained in buildings 
with restricted access. The required use of password protection 
identification features and other system protection methods also 
restrict access. Access to records is restricted to those authorized 
USAID personnel and authorized contractors who have an official need in 
the performance of their official duties.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with the 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, 
October 20, 2000; and in accordance with the National Archives and 
Records Administration (NARA) General Records Schedule 1, Civilian 
Personnel Records, Item 24, Reasonable Accommodation Request Records.

SYSTEM MANAGER(S) AND ADDRESS:
    Reasonable Accommodation Program Manager, Office of Civil Rights 
and Diversity, United States Agency for International Development, 1300 
Pennsylvania Avenue NW., Washington, DC 20523-2120.

NOTIFICATION PROCEDURE:
    Same as Record Access Procedures.

RECORDS ACCESS PROCEDURES:
    Under the Privacy Act, individuals may request access to records 
about themselves. If an agency or a person, who is not the individual 
who is the subject of the records, requests access to records about an 
individual, the written consent of the individual who is the subject of 
the records is required.
    Requesters may submit requests for records under the Privacy Act: 
(1) By mail to the USAID FOIA Office, Bureau for Management, Office of 
Management Services, Information and Records Division, 1300 
Pennsylvania Avenue NW., Room 2.07C-RRB, Washington, DC 20523-2701; (2) 
via Facsimile to 202-216-3070; (3) via email to foia@usaid.gov; (4) on 
the USAID Web site at www.usaid.gov/foia-requests; or (5) in person 
during regular business hours at USAID, 1300 Pennsylvania Avenue NW., 
Washington, DC 20523-2701, or at USAID overseas missions.
    Requesters using 1 through 4 may provide a written statement or may 
complete and submit USAID Form 507-1, Freedom of Information/Privacy 
Act Record Request Form, which can be obtained: (a) On the USAID Web 
site at www.usaid.gov/foia-requests; (b) by email request to 
foia@usaid.gov; or (c) by writing to the USAID FOIA Office, Bureau for 
Management, Office of Management Services, Information and Records 
Division, 1300 Pennsylvania Avenue NW., Room 2.07C-RRB, Washington, DC 
20523-2701, and provide information that is necessary to identify the 
records, including the following: Requester's full name; present 
mailing address; home telephone; work telephone; name of subject, if 
other than requester; requester relationship to subject; description of 
type of information or specific records; and purpose of requesting 
information. Requesters should provide the system of record 
identification name and number, if known; and, to facilitate the 
retrieval of records contained in those systems of records which are 
retrieved by Social Security Numbers, the Social Security Number of the 
individual to whom the record pertains.
    In addition, requesters using 1 through 4 must include proof of 
identity information by providing copies of two (2) source documents 
that must be notarized by a valid (un-expired) notary public. 
Acceptable proof-of-identity source documents include: An unexpired 
United States passport; Social Security Card (both sides); unexpired 
United States Government employee identity card; unexpired driver's 
license or identification card issued by a state or United States 
possession, provided that it contain a photograph; certificate of 
United States citizenship; certificate of naturalization; card showing 
permanent residence in the United States; United States alien 
registration receipt card with photograph; United States military card 
or draft record; or United States military dependent's identification 
card.
    Requesters using 1 through 4 must also provide a signed and 
notarized statement that they are the person named in the request; that 
they understand that any falsification of their statement is punishable 
under the provision of 18 U.S.C. 1001 by a fine, or by imprisonment of 
not more than five years or, if the offense involves international or 
domestic terrorism (as defined in section 2331), imprisonment of not 
more than eight years, or both; and that requesting or obtaining 
records under false pretenses is punishable under the provisions of 5 
U.S.C. 552a(i)(3) as a misdemeanor and by a fine of not more than 
$5,000.
    Requesters using 5 must provide such personal identification as is 
reasonable under the circumstances to verify the requester's identity, 
including the following: An unexpired United States passport; Social 
Security Card; unexpired United States Government employee identity 
card; unexpired driver's license or identification card issued by a 
state or United States possession, provided that it contain a 
photograph; certificate of United States citizenship; certificate of 
naturalization; card showing permanent residence in the United States; 
United States alien registration receipt card with photograph; United 
States military card or draft record; or United States military 
dependent's identification card.

CONTESTING RECORDS PROCEDURES:
    Individuals seeking to contest or amend records maintained on 
himself or herself must clearly and concisely state that information is 
being contested, and the proposed amendment to the information sought. 
Requests to amend a record must follow the Record Access Procedures 
above.

RECORDS SOURCE CATEGORIES:
    Sources of records include individuals who have requested 
reasonable accommodation and supporting documentation from USAID 
officials, employees, and agents, and/or healthcare professionals 
involved in the reasonable accommodation request, response, and 
implementation process.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2016-24509 Filed 10-7-16; 8:45 am]
BILLING CODE 6116-02-P