Privacy Act of 1974; System of Records, 60188-60192 [2023-18687]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Pages 60188-60192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18687]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2023-OS-0077]


Privacy Act of 1974; System of Records

AGENCY: Department of Defense (DoD).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is 
modifying and reissuing a current Department-wide system of records 
titled, ``Defense Reasonable Accommodation and Assistive Technology 
Records,'' DoD-0007. This system of records was originally established 
to collect and maintain records concerning DoD civilian employees and 
other members of the public requesting or receiving disability-related 
accommodations. Additionally, this system was established to collect 
and maintain records concerning wounded, ill and injured Service 
members on Active Duty requesting or receiving assistive technology 
solutions. These accommodations, which relate to enabling civilian 
employees, members of the public, and certain Service members to access 
DoD employment, systems, facilities, and programs are hereafter 
referred to collectively as ``accessibility accommodations.'' This SORN 
is being updated to expand coverage to DoD civilian and military 
personnel, and applicants for DoD employment, who request an exemption 
from generally applicable policies for reasons relating to individual 
medical conditions, religious beliefs or practices, or matters of 
conscience. The DoD is also modifying various other sections within the 
SORN to improve clarity or update information that has changed.

DATES: This modified system of records is effective upon publication; 
however, comments on the new or modified Routine Uses will be accepted 
on or before October 2, 2023. 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: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite 
08D09, Alexandria, VA 22350-1700.
    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

[[Page 60189]]

received without change, including any personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil 
Liberties Division, Directorate for Privacy, Civil Liberties and 
Freedom of Information, Office of the Assistant to the Secretary of 
Defense for Privacy, Civil Liberties, and Transparency, Department of 
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, 
VA 22350-1700, [email protected]; (703) 571-0070.

SUPPLEMENTARY INFORMATION: Concurrently in today's issue of the Federal 
Register, DoD is publishing a technical amendment to correct an error 
in the Privacy Act exemption rule published for this system of records. 
The exemption rule at 32 CFR 310.13(e)(6) (July 22, 2021, 86 FR 38560) 
erroneously claims an exemption for this system of records from 5 
U.S.C. 552a(c)(4), which generally requires the agency maintaining the 
system of records to inform recipients with whom it has shared a record 
if later the record was corrected or disputed pursuant to the 
requirements of 5 U.S.C. 552a(d). DoD's inclusion of subsection 
552a(c)(4) was an error and DoD is removing it from the section of this 
notice entitled ``Exemptions Promulgated for this System'' and from the 
exemption rule.

I. Background

    The DoD is updating the Defense Reasonable Accommodation and 
Assistive Technology Records SORN, DoD-0007, a DoD-wide Privacy Act 
system of records, to include records related to accessibility 
accommodations or exemptions from generally applicable policies for 
reasons relating to individual medical conditions, religious beliefs or 
practices, or matters of conscience. This SORN now expands coverage to 
civilian and military personnel, and applicants for DoD employment, who 
request an exemption from generally applicable policies for reasons 
relating to individual medical conditions, religious beliefs or 
practices, or matters of conscience.
    Subject to public comment, the DoD proposes to add a new standard 
routine use I authorizing sharing in the context of Inspector General 
activities, and new routine use Q to allow for disclosure of religious 
information to authorized government officials for the purpose of 
making decisions and/or conducting an investigation into DoD's 
compliance with applicable laws, such as the Religious Freedom 
Restoration Act. The following sections of this SORN are also being 
modified: (1) the System Manager section to add an additional system 
manager; (2) the Authority for Maintenance of the System section to add 
additional authorities; (3) the Purpose of the System section to 
provide clarity on how the information will be used; (4) the Categories 
of Individuals Covered by the System section to expand the individuals 
covered; (5) the Categories of Records in the System section to clarify 
the different record types; (6) the Policies and Practices for 
Retention and Disposal of Records section to clarify the type of 
reasonable accommodation records; and (7) the Record Access Procedures 
section to clarify the DoD component's responsibilities under the 
Privacy Act.
    DoD-0007 was originally established on July 22, 2021 (86 FR 38692) 
to support the receipt, review, and evaluation of requests made to DoD 
for reasonable accommodation(s), personal assistance services, or 
assistive technology solutions; the outcome of such requests; and the 
implementation of approved accommodations and personal assistance 
services. The original system of records was established to cover 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.

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.
    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: August 24, 2023.
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 MANAGER(S):
     The system managers are as follows:
    A. Assistant Secretary of Defense for Manpower and Reserve Affairs, 
Office of the Under Secretary of Defense (Personnel & Readiness), 4000 
Defense Pentagon, Washington, DC 20301-4000, [email protected].
    B. Deputy Director, Computer/Electronic Accommodations Program, 
Defense Human Resources Activity (DHRA), 4800 Mark Center Drive, Suite 
05E22, Alexandria, VA 22350-4100, [email protected].
    C. For the Department of the Army: Deputy Assistant Secretary of 
the Army, Command & Leadership Policy and Programs Division, Equity and 
Inclusion Agency, Department of the Army, 1000 Defense, Pentagon, 
Washington, DC 20301-1100, u[email protected].
    D. For the Department of the Air Force: Director, AF Equal 
Opportunity, Headquarters Air Force Manpower Personnel and Services, 
Department of the Air Force, 1000 Defense, Pentagon, Washington, DC 
20301-1100, [email protected].
    E. For the Department of the Navy: Chief of Naval Personnel, Navy 
Inclusion and Diversity, Department of the Navy, 701 South Courthouse 
Road, (Bldg. 12, Rm. 4R140), Arlington, VA 22204, [email protected].
    F. For the U.S. Marine Corps: 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.
    G. The Privacy Act responsibilities concerning access, amendment, 
and disclosure of the records within this system of records have been 
delegated to the DoD components. DoD components include the Military 
Departments of the Army, Air Force (including the U.S. Space Force), 
and Navy (including the U.S. Marine Corps), field operating agencies, 
major commands, field commands,

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installations, and activities. To contact the system managers at the 
DoD component with oversight of the records, go to 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 Defense for Personnel and Readiness; 10 U.S.C. 1582, 
Assistive Technology, Assistive Technology Devices, and Assistive 
Technology Services; 10 U.S.C. 7013, Secretary of the Army; 10 U.S.C. 
8013, Secretary of the Navy; 10 U.S.C. 9013, Secretary of the Air 
Force; 29 U.S.C. 791, Employment of Individuals with Disabilities; 29 
U.S.C. 794, Nondiscrimination under Federal grants and programs; 29 
U.S.C. 794d, Electronic and Information Technology; 42 U.S.C. Chapter 
21B, Religious Freedom Restoration; 42 U.S.C. Chapter 21, Subchapter 
VI, Title VII of the Civil Rights Act; Executive Order 14035, 
Diversity, Equity, Inclusion, and Accessibility in the Federal 
Workforce; Executive Order 13985, Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government; E.O. 14043, 
Requiring Coronavirus Disease 2019 Vaccination for Federal Employees 
(revoked by E.O. 14099, Executive Order on Moving Beyond COVID-19 
Vaccination Requirements for Federal Workers); 29 CFR 1605.2, 
Reasonable Accommodation without undue hardship as required by section 
701(j) of title VII of the Civil Rights Act of 1964; 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; DoD Instruction (DoDI) 6025.22, Assistive 
Technology (AT) for Wounded, Ill, and Injured Service Members; DoDI 
1300.17, Religious Liberty In the Military Services; and DoDI 1304.28, 
The Appointment and Service of Chaplains.

PURPOSE(S) OF THE SYSTEM:
    A. To support the receipt, review, and evaluation of requests made 
to DoD for reasonable accommodations which relate to enabling DoD 
civilian employees, members of the public, and wounded, ill and injured 
Service members on Active Duty to access DoD employment opportunities, 
information technology systems, facilities, and programs, hereafter 
referred to collectively as ``accessibility accommodations.''
    B. To support the receipt, review, and evaluation of requests made 
to DoD for exemption from generally applicable policies for reasons 
relating to individual medical conditions, religious beliefs or 
practices, or matters of conscience, from DoD civilian and military 
personnel and applicants for DoD employment.
    C. To support the operation of the DoD Computer/Electronic 
Accommodations Program (CAP) within DoD and at CAP-partnering 
organizations and Federal entities.
    D. To support the tracking of the outcome of such requests, and the 
implementation of approved accommodations and exemptions. To track 
performance regarding the provision of accommodations by the Department 
and/or components.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Individuals who are seeking ``accessibility accommodations,'' 
which relate to enabling civilian employees, members of the public, and 
wounded, ill, or injured Service members on Active Duty to access DoD 
employment, systems, facilities, and programs.
    B. DoD military and civilian personnel, to include non-appropriated 
fund employees and the DoD personnel employed or assigned outside of 
the contiguous United States hires, also known as local national 
employees, and applicants for employment who are seeking an exemption 
from generally applicable policies for reasons relating to individual 
medical conditions, religious beliefs or practices, or matters of 
conscience.
    C. Individuals participating in the DoD Computer/Electronic 
Accommodations Program (CAP) (including employees of CAP-partnering 
organizations and Federal entities).
    D. Other individuals affiliated with the DoD who make accommodation 
requests covered by this system of records.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Records in this system include information regarding individuals 
requesting accessibility accommodations or exemptions (requesters) from 
generally applicable policies for reasons relating to individual 
medical conditions, religious beliefs or practices, or matters of 
conscience. 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, religious information, medical information, worker compensation 
claims number, date request was initiated, supervisor's name and phone 
number.
    B. Requests for accommodation or exemption and the reason(s) the 
accommodation or exemption is requested, such as supporting 
documentation and related materials that substantiate the request, 
type(s) of accommodation or exemption requested, type(s) of 
accommodation or exemption provided, how the requested accommodation or 
exemption would assist or impact job performance, and the sources of 
technical assistance consulted in trying to identify a possible 
accommodation or exemption, documents detailing the final decision for 
the requested accommodation or exemption, appeals, claims, and 
complaints.
    C. Information about religious belief, practice, or observance 
which serves as the basis for an accommodation or exemption request.
    D. Specific information regarding the condition which serves as the 
basis for an accommodation or exemption 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.
    E. Any other documentation, including religious or medical 
documentation, which serves as the basis for the accommodation or 
exemption request and the documents detailing the decision concerning 
the request, appeals, claims, and complaints.
    F. Information about assistive devices and technology evaluated or 
selected; prior assistive solutions provided to the individual; vendor 
information; and acquisition or modification data.
    G. 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 accessibility accommodations and/
or exemption from generally applicable policies for reasons relating to 
individual medical conditions, religious beliefs or practices, or 
matters of conscience. This may include the individual to whom the 
requested accommodation or exemption pertains, rehabilitation 
counselors, healthcare providers, and DoD

[[Page 60191]]

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, review panels, attorneys, and 
deciding officials. It may also include organizations or Federal 
entities that participate in the DoD CAP.

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. 
Medical information may be shared within the DoD only on an as-needed 
basis for purposes of resolving and implementing requests for 
reasonable accommodations and assistive technology solutions, in 
accordance with applicable law.
    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 
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 another Federal, State or local agency for the purpose of 
comparing to the agency's system of records or to non-Federal records, 
in coordination with an Office of Inspector General in conducting an 
audit, investigation, inspection evaluation, or other review as 
authorized by the Inspector General Act.
    J. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute, treaty.
    K. 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.
    L. 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.
    M. 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.
    N. To Federal agencies/entities participating in the DoD CAP to 
permit the agency to carry out its responsibilities under the program.
    O. To commercial vendors to permit the vendor to identify and 
provide assistive technology solutions for individuals with 
disabilities.
    P. To any agency, organization, or person for the purposes of 
performing audit or oversight activities 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.
    Q. Disclosure of religious information to authorized government 
officials for the purpose of making decisions and/or conducting an 
investigation into DoD's compliance with applicable laws, such as the 
Religious Freedom Restoration Act.

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 or religious 
discrimination or another claim premised on the Constitution, federal 
statute, or other legal authority, or an action is brought by the Equal 
Employment Opportunity Commission or other relevant enforcement entity, 
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

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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; 
physical 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 component or office with oversight of the records, 
as it has Privacy Act responsibilities concerning access, amendment, 
and disclosure of the records within this system of 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 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.

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, 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:
     July 22, 2021, 86 FR 38692.

[FR Doc. 2023-18687 Filed 8-30-23; 8:45 am]
BILLING CODE 5001-06-P