Privacy Act of 1974; System of Records, 38692-38696 [2021-15601]

Agencies

• DEPARTMENT OF DEFENSE

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38692-38696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15601]


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

DEPARTMENT OF DEFENSE

[Docket ID: DoD-2021-OS-0049]


Privacy Act of 1974; System of Records

AGENCY: Department of Defense (DoD).

ACTION: Notice of a new system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the DoD is 
establishing a new Department-wide system of records titled, ``Defense 
Reasonable Accommodation and Assistive Technology Records,'' DoD 0007. 
This system of records covers the DoD's maintenance of records about 
DoD civilian personnel and other individuals requesting or receiving 
reasonable accommodations or personal assistance services, and wounded, 
ill and injured Service Members on Active Duty requesting or receiving 
assistive technology solutions, hereafter referred to collectively as 
disability accommodation(s). The data includes information concerning 
the type(s) of accommodation requested and provided; nature of a 
requestor's condition; manner in which an accommodation, personal 
assistance service, or assistive technology solution assists a 
requestor; and acquisition or modification of equipment or assistive 
technology solutions, to include electronic devices. Additionally, the 
DoD is issuing a direct final rulemaking to exempt this system of 
records from certain provisions of the Privacy Act, elsewhere in 
today's issue of the Federal Register.

DATES: This new system of records is effective upon publication; 
however, comments on the Routine Uses will be accepted on or before 
August 23, 2021.

[[Page 38693]]

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:

I. Background

    The DoD is establishing the Defense Reasonable Accommodations and 
Assistive Technology Records, DoD 0007, as a DoD-wide Privacy Act 
system of records. A DoD-wide system of records notice (SORN) supports 
multiple DoD paper or electronic recordkeeping systems. DoD components 
maintaining the same kind of information on individuals for the same 
purpose maintain the system. The establishment of DoD-wide SORNs helps 
the DoD standardize the rules governing the collection, maintenance, 
use, and sharing of personal information in key areas across the 
enterprise. DoD-wide SORNs also reduce duplicative and overlapping 
SORNs published by separate DoD components. The creation of DoD-wide 
SORNs is expected to make locating relevant SORNs easier for DoD 
personnel and the public and create efficiencies in the operation of 
the DoD privacy program.
    This SORN describes reasonable accommodation and assistive 
technology records maintained by all component parts of the DoD, 
wherever they are maintained. The system covers both electronic and 
paper records and will be used by DoD components and offices to 
maintain records about accommodations based on disability requested by 
or provided to employees and applicants for employment and participants 
in DoD programs and activities. The Rehabilitation Act of 1973, as 
amended, generally requires Federal agencies to provide accommodations 
which enable individuals with disabilities to perform DoD employment 
and participate in DoD programs and activities, unless such 
accommodation would impose an undue burden. In addition, DoD's 
Computer/Electronic Accommodations Program (CAP) provides assistive 
(computer/electronic) technology solutions to individuals--including 
injured, wounded, or ill Service members--with hearing, vision, 
dexterity, cognitive, and/or communications impairments in the form of 
an accessible work environment. This also includes the request and 
delivery of personal assistance services for covered individuals. Such 
disability accommodations include: (1) Making existing facilities 
readily accessible to and usable by individuals with disabilities; (2) 
job restructuring, modification of work schedules or place of work, 
extended leave, telecommuting, or reassignment to a vacant position; 
and/or (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, service animals, and other similar accommodations.
    Additionally, the DoD is issuing a Direct Final Rulemaking to 
exempt this system of records from certain provisions of the Privacy 
Act elsewhere in today's issue of the Federal Register.

II. Privacy Act

    Under the Privacy Act, a ``system of records'' is a group of 
records under the control of an agency from which information is 
retrieved by the name of an individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. In 
the Privacy Act, an individual is defined as a U.S. citizen or lawful 
permanent resident.
    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 OMB and to Congress.

    Dated: July 19, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Defense Reasonable Accommodations and Assistive Technology Records, 
DoD 0007.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Department of Defense (Department or DoD), located at 1000 Defense 
Pentagon, Washington, DC 20301-1000, and other Department 
installations, offices, or mission locations. Information may also be 
stored within a government-certified cloud, implemented and overseen by 
the Department's Chief Information Officer (CIO), 6000 Defense 
Pentagon, Washington, DC 20301-6000.

SYSTEM MANAGERS:
    The system managers are as follows:
    A. Deputy Director, Computer/Electronic Accommodations Program, 
4800 Mark Center Drive, Suite 05E22, Alexandria, VA 22350-3100, 
[email protected].
    B. Deputy Assistant Secretary of the Army, Command & Leadership 
Policy and Programs Division, Equity and Inclusion Agency, 1000 
Defense, Pentagon, Washington DC 20301-1100.
    C. Disability Program Manager, Department of the Air Force, 1000 
Defense, Pentagon, Washington DC 20301-1100, usaf.pentagon.af-
[email protected]ail.mil.
    D. Chief of Naval Personnel, Navy Inclusion and Diversity, 701 
South Courthouse Road, (Bldg. 12, Rm. 4R140), Arlington, VA 22204.
    E. Marine Corps Community Services (MCCS) Human Resources Program 
Manager, Business and Support Services Division (MRG), Headquarters, 
United States Marine Corps, 3044 Catlin Avenue, Quantico, VA 22134-5003 
or by phone at 703-432-0433/0431.
    To contact the system manager at the Combatant Commands or other 
Defense Agencies with oversight of the records, visit www.FOIA.gov to 
locate the contact information for each component's Freedom of 
Information Act (FOIA) office.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 136, Under Secretary 
of

[[Page 38694]]

Defense for Personnel and Readiness; 10 U.S.C. 1582, Assistive 
Technology, Assistive Technology Devices, and Assistive Technology 
Services; 29 U.S.C. 791, Employment of Individuals with Disabilities; 
29 U.S.C. 794d, Electronic and Information Technology; 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; 29 CFR 1614.203, Rehabilitation 
Act; DoD Directive 1020.1, Nondiscrimination on the Basis of Handicap 
in Programs and Activities Assisted or Conducted by the Department of 
Defense; and DoD Instruction 6025.22, Assistive Technology (AT) for 
Wounded, Ill, and Injured Service Members.

PURPOSE(S) OF THE SYSTEM:
    To support the receipt, review, and evaluation of requests made to 
DoD for reasonable accommodation(s) (regardless of type of 
accommodation), personal assistance services, or assistive technology 
solutions (collectively referred to below as disability 
accommodation(s)), the outcome of such requests, and the implementation 
of approved accommodations and personal assistance services. To track 
performance in regard to the provision of disability accommodations by 
the Department and/or components.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals requesting disability accommodations sponsored or 
administered by the DoD, which includes DoD civilian employees 
(including non-appropriated fund employees and the DoD personnel 
employed or assigned outside of the contiguous United States hires, 
also known as local national employees); wounded, ill and injured 
Service Members on Active Duty who can be accommodated with assistive 
technology solutions; individuals participating in the DoD Computer/
Electronic Accommodations Program (CAP) (including employees of CAP-
partnering organizations and Federal entities); and other individuals 
affiliated with the DoD.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include information regarding individuals 
requesting disability accommodations. Records include:
    A. Personal and work related information, such as name, DoD ID 
number, status (applicant or current employee), address(es), phone, 
email, official duty telephone number, occupational series, grade 
level, worker compensation claims number, date request was initiated, 
supervisor's name and phone number.
    B. Reason the accommodation is requested, including supporting 
documentation and related materials that substantiate the request for 
accommodation, type(s) of accommodation requested, type(s) of 
accommodation provided, whether medical or other appropriate supporting 
documentation was required to process the request, how the requested 
accommodation would assist in job performance, and the sources of 
technical assistance consulted in trying to identify possible 
accommodation, documents detailing the final decision for the requested 
accommodation, appeals, claims, and complaints.
    C. Specific information regarding the condition which serves as the 
basis for the request, including but not limited to the characteristics 
of impairment, job function difficulties, current limitation(s), past 
accommodation(s), specific accommodation(s), permanent or temporary 
nature of condition(s), major life activities impacted by the 
condition, and duration of condition.
    D. Documentation, including medical documentation, substantiating 
the need for the accommodation.
    E. Information about assistive devices and technology evaluated or 
selected; prior assistive solutions provided to the individual; vendor 
information; and acquisition or modification data.
    F. Records associated with personal assistance services provided to 
individuals with targeted disabilities assistance.

RECORD SOURCE CATEGORIES:
    Records and information stored in this system of records are 
obtained from individuals requesting disability accommodations, 
rehabilitation counselors, healthcare providers, and DoD personnel who 
participate in the receipt, evaluation, review, decision and 
implementation of reasonable accommodation requests, such as hiring 
officials, human resource officials, supervisors and managers, 
reasonable accommodation officials, attorneys, and deciding officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Note: Medical information collected in support of the reasonable 
accommodation process is subject to confidentiality requirements. 
Agencies may share medical information within the DoD only on an as-
needed basis for purposes of resolving and implementing requests for 
reasonable accommodations and assistive technology solutions. In 
addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the 
records or information 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 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.
    C. 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.
    D. 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 that 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.
    E. 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.
    F. 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.
    G. 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

[[Page 38695]]

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.
    H. To another Federal agency or Federal entity, when the DoD 
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.
    I. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    J. 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.
    K. Disclosure of medical condition or history information to 
authorized government officials for the purpose of conducting an 
investigation into DoD's compliance with the Rehabilitation Act.
    L. Disclosure of medical condition or history information to first 
aid and safety personnel in the event an employee's medical condition 
might require emergency treatment or special procedures.
    M. To Federal agencies/entities participating in the DoD CAP to 
permit the agency to carry out its responsibilities under the program.
    N. To commercial vendors to permit the vendor to identify and 
provide assistive technology solutions for individuals with 
disabilities.
    O. To any agency, organization or person for the purposes of 
performing audit or oversight operations related to the operation of 
this system of records as authorized by law, but only information 
necessary and relevant to such audit or oversight function.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored electronically or on paper in secure 
facilities in a locked drawer behind a locked door. Electronic records 
may be stored locally on digital media; in agency-owned cloud 
environments; or in vendor Cloud Service Offerings certified under the 
Federal Risk and Authorization Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by requester name, DoD ID number, office/
workstation address, bureau/office, assigned case tracking number, and 
disability accommodation request date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    General Records Schedule 2.3 provides that reasonable accommodation 
case files are retained for at least three years after employee 
separation from the agency or all appeals are concluded, whichever is 
later. If an individual files a claim of disability-related 
discrimination or an action is brought by the Equal Employment 
Opportunity Commission, all personnel records related to the claim will 
be retained until final disposition.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The DoD safeguards records in this system of records according to 
applicable rules, policies, and procedures, including all applicable 
DoD automated systems security and access policies. DoD policies 
require the use of controls to minimize the risk of compromise of 
personally identifiable information (PII) in paper and electronic form 
and to enforce access by those with a need to know and with appropriate 
clearances. Additionally, the DoD has established security audit and 
accountability policies and procedures which support the safeguarding 
of PII and detection of potential PII incidents. The DoD routinely 
employs safeguards such as the following to information systems and 
paper recordkeeping systems: Multifactor log-in authentication 
including Common Access Card (CAC) authentication and password; Secret 
internet Protocol Router (SIPR) token as required; physical and 
technological access controls governing access to data; network 
encryption to protect data transmitted over the network; disk 
encryption securing disks storing data; key management services to 
safeguard encryption keys; masking of sensitive data as practicable; 
mandatory information assurance and privacy training for individuals 
who will have access; identification, marking, and safeguarding of PII; 
physical access safeguards including multifactor identification 
physical access controls, detection and electronic alert systems for 
access to servers and other network infrastructure; and electronic 
intrusion detection systems in DoD facilities.
    Custodians of medical records in this system of records must have 
the ability to protect this information from being accessed or 
accessible by others without a need to know. This may involve providing 
custodians with access to dedicated machines for copying, printing, or 
faxing; dedicated, secure file storage; and temporary or permanent 
workspaces where telephone conversations cannot be overheard by those 
without a need to know.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their records should follow the 
procedures in 32 CFR part 310. Individuals should address written 
inquiries to the DoD office with oversight of the records. The public 
may identify the contact information for the appropriate DoD office 
through the following website: www.FOIA.gov. Signed written requests 
should contain the name and number of this system of records notice 
along with the full name, current address, and email mail address. 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 
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 seeking to amend or correct the content of records 
about them should follow the procedures in 32 CFR part 310.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should follow the 
instructions for Record Access Procedures above.
    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).''

[[Page 38696]]

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD has exempted records maintained in this system from 5 
U.S.C. 552a(c)(3); (d)(1), (2), (3), and (4); (e)(4)(G), (H), and (I); 
and (f) pursuant to 5 U.S.C. 552a(k)(1). In addition, when exempt 
records received from other systems of records become part of this 
system, the DoD also claims the same exemptions for those records that 
are claimed for the prior system(s) of records of which they were a 
part, and claims any additional exemptions set forth here. An exemption 
rule for this system has been promulgated in accordance with 
requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e), and 
published in 32 CFR part 310.

HISTORY:
    None.

[FR Doc. 2021-15601 Filed 7-21-21; 8:45 am]
BILLING CODE 5001-06-P