Privacy Act of 1974; System of Records, 59762-59764 [2020-21016]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59762-59764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21016]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2020-OS-0081]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense (OSD), Department of Defense 
(DoD).

ACTION: Notice of a modified system of records.

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

SUMMARY: The OSD is modifying a system of records titled, ``Computer/
Electronic Accommodations Program (CAP),'' DHRA 15. The CAP is a 
centrally funded program providing assistive (computer/electronic) 
technology solutions to individuals with hearing, vision, dexterity, 
cognitive, and/or communications impairments in the form of an 
accessible work environment. The records maintained in the system of 
records provide the necessary means to conduct mission essential 
activities, process requests for accommodations, track activity among 
different agencies, and deliver outreach activities related to 
assistive technology and industry best practices for providing 
reasonable accommodations. The Portal provides management and reporting 
capabilities, as well as facilitates CAP business processes such as 
customer communications and workflow tracking.

DATES: This system of records modification is effective upon 
publication; however, comments on the Routine Uses will be accepted on 
or before October 23, 2020. The Routine Uses are effective at the close 
of the comment period.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov.
    Follow the instructions for submitting comments.
    * Mail: DoD cannot receive written comments at this time due to the 
COVID-19 pandemic. Comments should be sent electronically to the docket 
listed above.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Lyn Kirby, Defense Privacy, Civil 
Liberties, and Transparency Division, Directorate for Oversight and 
Compliance, Department of Defense, 4800 Mark Center Drive, Mailbox #24, 
Suite 08D09, Alexandria, VA 22350-1700; [email protected]; (703) 571-
0070.

SUPPLEMENTARY INFORMATION: The CAP ensures reasonable accommodation 
information is fully accessible to authorized CAP personnel for 
processing reasonable accommodation requests for individuals with 
verified qualifying disabilities. The CAP works hand-in-hand with 
Disability Program Managers, Reasonable Accommodations Coordinators, 
supervisors, employees, service members, and any other applicable 
agency personnel in providing accommodations to allow individuals with 
disabilities to perform essential job functions.
    The following sections of this system of records are being updated 
in order to reflect organizational and administrative changes: Security 
Classification; System Manager(s); Authority for Maintenance of the 
System; Purpose(s) of the System; Categories of Individuals Covered by 
the System; Categories of Records in the System; Record Source 
Categories; Routine Uses of Records Maintained in the System, Including 
Categories of Users and Purposes of Such Uses; Policies and Practices 
for Storage of Records; Policies and Practices for Retrieval of 
Records; Policies and Practices for Retention and Disposal of Records; 
Contesting Record Procedures; Administrative, Technical, and Physical 
Safeguards; Record Access Procedures, and Notification Procedures.
    The DoD notices for systems of records subject to the Privacy Act 
of 1974, as amended, have been published in the Federal Register and 
are available from the address in FOR FURTHER INFORMATION CONTACT or at 
the Defense Privacy, Civil Liberties, and Transparency Division website 
at https://dpcld.defense.gov.
    In accordance with 5 U.S.C. 552a(r) and Office of Management and 
Budget (OMB) Circular No. A-108, the DoD has provided a report of this 
system of records to the OMB and to Congress.

    Dated: September 16, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Computer/Electronic Accommodations Program, DHRA 15.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Computer/Electronic Accommodations Program (CAP), Defense Manpower 
Data Center, 400 Gigling Road, Seaside, CA 93955-6771.

SYSTEM MANAGER(S):
    Deputy Director, Computer/Electronic Accommodations Program, 4800 
Mark Center Drive, Suite 05E22, Alexandria, VA 22350-3100, 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 1582, Assistive Technology, Assistive Technology Devices, 
and Assistive Technology Services; 29 U.S.C. 794d, Electronic and 
Information Technology; 42 U.S.C. Ch.126, Equal Opportunity For 
Individuals With Disabilities; and Department of Defense (DoD) 
Instruction 6025.22, Assistive Technology (AT) for Wounded, Ill, and 
Injured Service Members.

PURPOSE(S) OF THE SYSTEM:
    To administer a centrally funded program to provide assistive 
(computer/electronic) technology solutions to individuals with hearing, 
vision, dexterity, cognitive, and/or communications impairments in the 
form of an accessible work environment. The system documents and tracks

[[Page 59763]]

provided computer/electronic accommodations and performs operational 
duties to accomplish mission objectives. It is also used as a 
management tool for statistical analysis, tracking, reporting, 
evaluating program effectiveness and conducting research.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Federal civilian employees in the DoD and CAP partnering agencies, 
and employees of other federal entities with disabilities, and wounded, 
ill and injured Service Members on Active Duty that can be accommodated 
with assistive technology solutions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name(s), position/title, mailing/home/work address, work email 
address, disability information, official duty telephone number, worker 
compensation claims number, CAP request number, employment information, 
agency/organization, verification of disability, prior assistive 
technology solutions provided to the individual, CAP order number, and 
history of accommodations being sought. Product and vendor contact 
information including vendor name and address, vendor alias, phone 
number, fax number, email address, web address, order submission 
preference, orders, invoices, declination, and cancellation data for 
the product and identification of vendors, vendor products used, and 
product costs.

RECORD SOURCE CATEGORIES:
    Individual, the DoD Workforce Recruitment Program database, 
partnering agencies/organizations, and vendors.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, these records contained 
herein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government when 
necessary to accomplish an agency function related to this system of 
records.
    b. To Federal agencies/entities participating in the CAP for 
purposes of providing information as necessary to permit the agency to 
carry out its responsibilities under the program.
    c. To commercial vendors for purposes of providing information to 
permit the vendor to identify and provide assistive technology 
solutions for individuals with disabilities.
    d. To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    e. To any component of the Department of Justice for the purpose of 
representing the DoD, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    f. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines the records are relevant and 
necessary to the proceeding; or in an appropriate proceeding before an 
administrative or adjudicative body when the adjudicator determines the 
records to be relevant to the proceeding.
    g. To the National Archives and Records Administration for the 
purpose of records management inspections conducted under the authority 
of 44 U.S.C. 2904 and 2906.
    h. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    i. To appropriate agencies, entities, and persons when (1) the DoD 
suspects or confirms a breach of the system of records; (2) the DoD 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DoD (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DoD's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    j. To another Federal agency or Federal entity, when the DoD 
determines 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Name, agency/organization, CAP request number, work address, and 
work telephone number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    General files. Destroy three years after end of fiscal year in 
which a record is superseded or when no longer needed for reference, 
whichever is later.
    Individual employee files that are created, received, and 
maintained by EEO reasonable accommodation or diversity/disability 
program or employee relations coordinators, immediate supervisors, CAP 
administrator, or HR specialists containing records of requests for 
reasonable accommodation and/or assistive technology devices and 
services through the agency or CAP that have been requested for or by 
an employee: Destroy three years after end of fiscal year of employee 
separation from the agency or conclusion of all appeals, whichever is 
later.
    Records created, received, and maintained by EEO reasonable 
accommodation or diversity/disability program or employee relation 
coordinators, while advising on, implementing or appealing requests for 
or from an individual employee for reasonable accommodation: Destroy 
three years after end of fiscal year in which accommodation is decided 
or all appeals are concluded, whichever is later.
    Records and data created, received, and maintained for purposes of 
tracking agency compliance with Executive Order 13164 and Equal 
Employment Opportunity Commission (EEOC) guidance: Delete/destroy three 
years after end of fiscal year in which compliance report is filed or 
when no longer needed for reference.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Multifactor log-in authentication including CAC authentication and 
password. Access controls enforce need-to-know policies so only 
authorized users have access to PII. Additionally, security audit and 
accountability policies and procedures directly support privacy and 
accountability procedures. Network encryption protects data transmitted 
over the network while disk

[[Page 59764]]

encryption secures the disks storing data. Key management services 
safeguards encryption keys. Sensitive data is identified and masked as 
practicable. All individuals granted access to this system of records 
must complete requisite training to include Information Assurance and 
Privacy Act training. Sensitive data will be identified, properly 
marked with access by only those with a need to know, and safeguarded 
as appropriate.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about themselves contained in 
this system should address written inquiries to the Office of the 
Secretary of Defense/Joint Staff, Freedom of Information Act Requester 
Service Center, Office of Freedom of Information, 1155 Defense 
Pentagon, Washington, DC 20301-1155. Signed, written requests should 
contain individual's full name, agency/organization, CAP request 
number, work address, work telephone number, and the name and number of 
this system of records notice (SORN). In addition, the requester must 
provide either a notarized statement or an unsworn declaration made in 
accordance with 28 U.S.C. 1746, in the following 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:
    The DoD rules for accessing records, contesting contents, and for 
appealing initial agency determinations are contained in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Program Manager, Computer/Electronic Accommodations Program, 
4800 Mark Center Drive, Suite 05E22, Alexandria, VA 22350-1200. Signed, 
written requests should include the individual's full name and the name 
and number of this SORN. In addition, the requester must provide either 
a notarized statement or an unsworn declaration made in accordance with 
28 U.S.C. 1746, in the following 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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    August 11, 2011, 76 FR 49753; October 20, 2014, 79 FR 62602.

[FR Doc. 2020-21016 Filed 9-22-20; 8:45 am]
BILLING CODE 5001-06-P